EPA v. COLEMAN TRUCKING INC.

Case summary

THE AIR COMPLIANCE BRANCH INTENDS TO ISSUE A FINDING OF VIOLATION AGAINST AN ASBESTOS ABATEMENT CONTRACTOR, COLE- MAN TRUCKING INC (CTI) FOR IMPROPER REMOVAL OF ASBESTOS CONTAINING MATERIALS FROM THE RUFFING MONTESSORI SCHOOL. CTI APPARENTLY VIOLATED SECTION 112 OF THE CAA AND FAILED TO COMPLY WITH 40 CFR 61.147. THE CORPORATION HAVE VIOLATED THE CAA, 42 USC SECT 7401 ET SEQ. AND THE NAT'L EMISSIONS STANDARDS FOR HAZARDOUS AIR POL LUTANTS (NESHAP), 40 CFR PART 61, PROMULGATED THEREUNDER, SPECIFICALLY SUBPART M, NAT'L EMISSIONS STANDARD FOR ASBES- TOS. THE ASBESTOS NESHAP REQUIRES ADEQUATE PRIOR WRITTEN NOTICE AND PROPER WORK PRACTICES FOR RENOVATIONS INVOLVING FRIABLE ASBESTOS MATERIAL. THIS REFERRAL IS BASED ON INSPECTIONS CONDUCTED BY THE EAS TERN DIST OFFICE, USEPA, WESTLAKE, OHIO, OF AN ASBESTOS RE- NOVATION OPERATION WHICH STARTED ON OR ABOUT JUNE 14, 1988, AT THE RUFFING MONTESSORI SCHOOL. DURING AN INSPECTION CON- DUCTED ON JUNE 14, 1988, COLEMAN TRUCKING, INC., WAS IDENTI- FIED AS THE OPERATOR OF THE RENOVATION ACTIVITY. COLEMAN TRUCKING DID NOT FILE A COMPLETE NOTICE OF INTENT TO RENO- VATE, IN VIOLATION OF 40 CFR SECT 61.146, & DID NOT OBSERVE THE WORK PRACTICES STANDARDS WHEN REMOVING FRIABLE ASBESTOS MATERIAL FROM THE SCHOOL, IN VIOLATION OF 40 CFR SECT 61.147 ON DEC. 7, 1988, THE USEPA ISSUED FINDINGS OF VIOLATION TO BOTH COLEMAN TRUCKING INC., AND TO THE OWNERS OF THE SCHOOL, THE CLEVELAND MONTESSORI ASSOC., INC. IN ACCORDANCE WITH GUIDANCE ON PRE-FILING NEGOTIATIONS, THE DEPT. OF JUSTICE, THE USEPA'S OFFICE OF ENFORCEMENT AND COMPLIANCE MONITORING, AND THE PROGRAM OFFICE WILL PROVIDE COMMENTS ON THE PROPOSED CONSENT DECREE WITHIN 21 DAYS OF RE CEIPT OF THIS REFERRAL PACKAGE AND ALLOW REGION V AUTHORITY TO CONDUCT PRE-FILING NEGOTIATIONS. CONCLUSIONS AND RECOMMENDATIONS: I HAVE CONCLUDED THAT THE SETTLEMENT OF THIS CASE BY PRE- FILING NEGOTIATIONS WILL ENSURE THE MOST EFFICIENT USE OF SCARCE RESOURCES. IN THE EVENT THAT PRE-FILING NEGOTIATIONS ARE UNSUCCESSFUL, I URGE PROMPT FILING OF THIS CASE WITHIN 60 DAYS OF RECEIPT OF THIS PACKAGE BY THE DEPT. OF JUSTICE.

Defendants (5)

• RUFFING MONTESSORI SCHOOL
• COLEMAN TRUCKING INC.Named in complaintNamed in settlement
• CUYAHOGA METROPOLITAN HOUSING AUTHORITYNamed in complaintNamed in settlement
• PEARL BROOK COMPANYNamed in complaintNamed in settlement
• ST. LUKE'S HOSP.Named in complaintNamed in settlement

Facilities (5)

• SAINT LUKES HOSPITAL

  11311 SHAKER BOULEVARD, CLEVELAND, OH, 44104

  Registry ID: 110001621754

• MIDWAY MUSIC

  5138 PEARL RD, CLEVELAND, OH, 44129

  Registry ID: 110010728882

• LAKEVIEW TERRACE COMMUNITY BLDG

  1290 W 25TH ST, CLEVELAND, OH, 44113

  Registry ID: 110010728891

• RUFFING MONTESSORI SCHOOL

  1285 ORCHARD PARK DR, ROCKY RIVER, OH, 44116

  Registry ID: 110010728873

• COLEMAN TRUCKING CO

  9300 WOODLAND, CLEVELAND, OH, 44104

  Registry ID: 110010728864

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (3)

• ST. LUKES HOSPITAL/COLEMAN TRUentered 1992-09-14

  Primary law: CAA

• COLEMAN TRUCKING, INC.entered 1995-07-28

  Primary law: CAA

• CUYAHOGA METRO-CMHA/COLEMAN TRentered 1992-09-14

  Primary law: CAA

  Federal penalty: $60,000

Timeline (8 milestones)

• 1988-11-10Enforcement Action Data Entered
• 1989-03-29PRN Sent
• 1990-04-03Referred To Dept Of Justice
• 1991-03-27Complaint Filed With Court
• 1995-07-28Final Order Lodged
• 1995-07-28Final Order Entered
• 1995-07-28Concluded
• 1995-08-25Enforcement Action Closed