EPA v. ALUCHEM - AMERICAN REFRACTORY

Case summary

DATE VIOLATION DETERMINED: 03/15/88 AMERICAN REFRACTORY, INC, AND ITS EMPLOYEES, LOCATED IN CANFIELD, OHIO, AND ALUCHEM, INC., LOCATED IN READING, OHIO, VIOLATED SECTS 112 AND 114 OF THE CAA, 42 USC 7412, 7414, AND FAILED TO COMPLY WITH 40 CFR SECTS 51.146, 61.147, AND 61.152. THESE SECTS ARE PARTS OF THE ASBESTOS NESHAPS WHICH REQUIRE ADEQUATE PRIOR WRITTEN NOTICE AND PROPER WORK PRAC- TICES FOR RENOVATIONS INVOLVING FRIABLE ASBESTOS MATERIAL. THIS REFERRAL IS BASED ON INSPECTIONS CONDUCTED BY THE SOUTHEASTERN DIST OFFICE (SEDO) OF THE OHIO EPA. THE INSPEC TOR TOOK SAMPLES WHICH CONTAINED DRY ASBESTOS MATERIAL. THE DEFENDANT HAD NOT NOTIFIED ANY AGENCY OF THE REMOVAL, NOR WERE PROPER WORK PRACTICES USED. REGION V SEEKS A PERMANENT INJUNCTION AGAINST THE DEFEN- DANTS AND A CIVIL PENALTY OF AT LEAST $25,000 PER DAY OF VIO LATION. FOR SETTLEMENT PURPOSES, A BOTTOM LINE PENALTY OR $42,400 IS RECOMMENDE. NO FINDING OF VIOLATION HAS BEEN ISSUED, NOR WAS A SETTLE- MENT CONFERENCE HELD IN THIS MATTER. INSTEAD, REGION V HAS ELECTED TO PROCEED DIRECTLY WITH THIS REFERRAL.

Defendants (4)

• AMERICAN REFRACTORY, INC.Named in complaint
• ALUCHEM, INC.Named in complaint
• ANGEL, LLOYD J.Named in complaint
• WHITE, TONYNamed in complaint

Facilities (2)

• ALU CHEMICAL INCORPORATED

  1 LANDY LANE, CINCINNATI, OH, 452153405

  Registry ID: 110001629480

• AMERICAN REFRACTORY INC

  5183-B WESTERN RESERVE RD, CANFIELD, OH, 44406

  Registry ID: 110010737809

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Timeline (5 milestones)

• 1988-08-29Referred To Dept Of Justice
• 1988-12-01Referred TO U.S. Attorney
• 1988-12-30Complaint Filed With Court
• 1989-11-27Concluded
• 1989-11-27Enforcement Action Closed