EPA v. LIMA DEMOLITION/LAUK, GARY

Case summary

ASBESTOS - NESHAP VIOLATIONS. THE ABOVE REFERENCED COMPANY AND INDIVIDUAL HAVE VIOLATED SECTION 112 OF THE CLEAN AIR ACT, 42 U.S.C. 7412 AND HAVE FAILED TO COMPLY WITH 40 C.F.R. SECTIONS 61.147. THE REGULA TIONS ARE PART OF THE ASBESTOS NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP) WHIC REQUIRE ADEQUATE PRIOR WRITTEN NOTICE AND PROPER WORK PRACTICES FOR DEMOLI- TIONS INVOLVING FRIABLE ASBESTOS MATERIAL. THIS REFERRAL IS BASD ON INSPECTIONS CONDUCTED BY THE OHIO EPA'S NORTHWEST DISTRICT OFFICE OF AN ASBESTOS DEMOLITION OPERATION, DISCOVERED ON JULY 27, 1987. LIMA DEMOLITION, A WRECKING OPERATOR, DID NOT SUBMIT ANY NOTIFICATION OF INTENT TO DEMOLISH, IN VIOLATION OF 40 CFR 61.146 AND DID NOT FOL- LOW PROPER WORK PRACTICES BEFORE AND DURING THE REMOVAL OF FRIABLE ASBESTOS MATERIAL, IN VIOLATION OF C.F.R SECTION 61.147. REGION V SEEKS TO PERMANENTLY ENJOIN LIMA DEMOLITION AND A.B. FINK FROM FURTHER VIOLATIONS OF THE NESHAP REGULATIONS AND SEEKS A CIVIL PENALTY OF AT LEAST $22,208. FINDINGS OF VIOLATION WERE ISSUED TO LIMA DEMOLITION AND A.B. FINKS ON AUGUST 16, 1988. A TELEPHONE CONFERENCE TO DISCUSS THE VIOLATIONS WAS HELD ON SEPTEMBER 15, 1988 BE- TWEEN U.S. EPA AND DEFENDANTS. THIS CASE IS SIGNIFICANT BECAUSE LIMA DEMOLITION IS A COM- PANY THAT PERFORMS DEMOLITION OPERATIONS IN THE LIMA AREA AND THAT HAS BLANTANTLY VIOLATED THE ASBESTOS DEMOLITION NOTIFICATION AND WORK PRACTICE STANDARDS.

Defendants (1)

• LIMA DEMOLITION AND A.B. FINKNamed in complaintNamed in settlement

Facilities (1)

• LIMA DEMOLITION NEWBERRY BLDG

  135 N MAIN ST, LIMA, OH, 45801

  Registry ID: 110010737756

Statutes cited

• CAA 112C — Hazardous Air Pollutants

Enforcement conclusions (1)

• LIMA DEMOLITION/LAUK, GARYentered 1989-11-16

  Primary law: CAA

  Federal penalty: $22,500

Timeline (7 milestones)

• 1987-07-27Enforcement Action Data Entered
• 1988-12-26Referred To Dept Of Justice
• 1989-08-23Complaint Filed With Court
• 1989-11-16Final Order Lodged
• 1989-11-16Final Order Entered
• 1989-11-16Concluded
• 1989-11-30Enforcement Action Closed