EPA v. STANDARD MACHINE & EQUIPMENT CO.

Case summary

DEMOLITION WITHOUT GIVING PRIOR NOTICE TO OEPA; DEMOLITION OF BUILDING BEFORE REMOVING FRIABLE ASBESTOS; FAILURE TO ADE QUATELY WET FRIABLE ASBESTOS MATERIAL AND KEEP IT WET; IMPRO PER WASTE DISPOSAL OF FRIABLE ASBESTOS MATERIAL. SECOND QTR REFERRAL. DATE VIOLATION DETERMINED: 09/25/86 DATE DOCUMENTS RECEIVED BY ORC: 1/88 THE CORPORATION HAS VIOLATED SECT 112 OF THE CLEAN AIR ACT 42 USC 7412, AND HAS FAILED TO COMPLY WITH 40 CFR SECTS 61. 146 AND 61.147. THE REGULATIONS ARE PART OF THE ASBESTOS NAT'L EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NES- HAPS) WHICH REQUIRE ADEQUATE PRIOR WRITTEN NOTICE AND PROPER WORK PRACTICES FOR RENOVATIONS INVOLVING FRIABLE ASBESTOS MATERIAL. THIS REFERRAL IS BASED ON INSPECTIONS CONDUCTED BY THE LAKE COUNTY HEALTH DEPT (LCHD) OF AN ASBESTOS DEMOLITION OPERATION IN PAINESVILLE, OHIO, WHICH WAS DISCOVERED BY LCHD INSPECTORS ON SEPT. 25, 1986. STANDARD MACHINE AND EQUIP- MENT CO. HAD NOT NOTIFIED ANY AGENCY OF THE REMOVAL OPERA- TION, IN VIOLATION OF 40 CFR SECT 61.146, NOR DID THEY FOL- LOW PROPER WORK PRACTICES DURING THE REMOVAL IN VIOLATION OF 40 CFR SECT 61.147. THE LCHD INSPECTORS TOOK SAMPLES AND PHOTOGRAGHS AS EVIDENCE OF THE VIOLATIONS. REGION V SEEKS A PERMANENT INJUNCTION AGAINST THE CORP AND A CIVIL PENALTY OF AT LEAST $15,270. IN THIS CASE, NO FINDING OF VIOLATION HAS BEEN ISSUED, NOR WAS A SETTLEMENT CONFERENCE HELD. OHIO ENVIRONMENTAL PROTEC TION AGENCY ISSUED A DIRECTOR'S FINAL FINDING AND ORDER TO STANDARD MACHINE AND EQUIPMENT CO. FOR SIGNATURE ON JUNE 25, 1987. STANDARD MACHINE DID NOT SIGN THE ORDER. THIS CASE IS SIGNIFICANT BECAUSE STANDARD MACHINE & EQUIP- MENT CO. ROUTINELY PERFORMS DEMOLITION OPERATIONS AND BLA- TANTLY VIOLATED THE ASBESTOS DEMOLITION NOTIFICATION AND WORK PRACTICE STANDARD. THE WIDER SIGNIFICANCE OF PRIOR NOTIFICATION AND PROPER WORK PRACTICES IS DISCUSSED IN-DEPTH IN THE REFERRAL.

Defendants (1)

• STANDARD MACHINE & EQUIPMENT CO.Named in complaintNamed in settlement

Facilities (1)

• STANDARD MACHINE & EQUIPMENT CO

  3835 CENTENNIAL ROAD, SYLVANIA, OH, 43560

  Registry ID: 110004741352

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CAA 113B — Clean Air Act

Enforcement conclusions (1)

• STANDARD MACHINE & EQUIPMENTentered 1990-01-19

  Primary law: CAA

  Federal penalty: $17,500

Timeline (7 milestones)

• 1987-09-29Enforcement Action Data Entered
• 1988-03-25Referred To Dept Of Justice
• 1988-07-12Complaint Filed With Court
• 1990-01-19Final Order Lodged
• 1990-01-19Final Order Entered
• 1990-01-19Concluded
• 1990-04-03Enforcement Action Closed