EPA v. RIVER PLACE PROPERTIES

Case summary

THE COMPANY IS IN VIOLATION OF 40 CFR 61.147 WHICH RE- QUIRES THE REMOVAL OF FRIABLE ASBESTOS MATERIALS PRIOR TO ANY WRECKING OR DISMANTLING AND 40 CFR 61.152 WHICH PROHI- BITS THE DISCHARGE OF VISIBLE EMISSIONS TO THE OUTSIDE AIR DURING THE COLLECTION OF ANY ASBESTOS CONTAINING WASTE MA- TERIAL. A LITIGATION REFERRAL PACKAGE FOR VIOLATIONS OF THE CAA, 42 USC S7401, ET SEQ., AND THE NAT'L EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAPS), 40 CFR PART 61, PROMULGA TED THEREUNDER, SPECIFICALLY SUBPART M, NAT'L EMISSION STAN- DARD FOR ASBESTOS. THIS REFERRAL IS BASED ON INSPECTIONS CONDUCTED BY THE EAS TERN DIST OFFICE OF USEPA. THE INSPECTORS OBSERVED THE CON- STRUCTION CONTRACTOR PERFORMING GUTTING WORK IN THE FACILITY IN PREPARATION FOR AN ASBESTOS CONTRACTOR'S ABATEMENT OF THE FACILITY. THE INSPECTORS OBSERVED THE CONSTRUCTION CONTRAC- TOR WRECK AND DISMANTLE FACILITY COMPONENTS IN A FASHION THAT BROKE UP THE ASBESTOS MATERIALS PRIOR TO REMOVAL OF THE ASBESTOS MATERIALS, THUS IN VIOLATION OF 40 CFR 61.147A. THE INSPECTORS TOOK SAMPLES AND PHOTOGRAPHS AND WROTE AN IN- SPECTION REPORT AS EVIDENCE OF THE VIOLATION. REGION V SEEKS A PERMANENT INJUNCTION AGAINST THE DEFEN- DANT AND A CIVIL PENALTY OF AT LEAST $35,000. A FINDING OF VIOLATION WAS ISSUED TO DEFENDANT ON JULY 29, 1988, AND A SETTLEMENT CONFERENCE WAS HELD ON SEPTEMBER 26, 1988. ************************************************************ ************************************************************ ************************************************************ 06/22/89: DOJ AND REGIONAL ATTORNEY AGREED THAT THE RE- FERRAL NEEDED FURTHER DEVELOPMENT BEFORE THE CASE COULD BE FILED. THE PRIMARY AREA OF FURTHER DEVELOPMENT CONCERNS THE POTENTIAL CULPABILITY OF THE OWNER OF THE FACILITY AND THE ENTITIES HIRED TO PERFORM ASBESTOS RELATED ACTIVITIES AT THE FACILITY. THE REFERRAL DOES NOT CONTAIN SUFFICIENT INFORMA- TION REGARDING THE OWNER OR THESE OTHER ENTITIES TO EVALUATE WHETHER EACH SHOULD BE NAMED AS A DEFENDANT IN THE COMPLAINT - AFTER THE CASE WAS REFERRED THE OWNER OF THE FACILITY PRO- VIDED EPA WITH A LETTER DETAILING ITS ACTIVITIES RELATING TO THE ASBESTOS REMOVAL AT THE FACILITY. PURSUANT TO OUR DIS- CUSSION, EPA FORWARDED THIS LETTER TO THE DOJ FOR REVIEW. - AFTER THE CASE WAS REFERRED EPA LEARNED THAT THE OWNER OF THE FACILITY HAD HIRED AAA ASSOCIATES, AN ASBESTOS CONSULT- ING FIRM, TO PROVIDE ITS SERVICES RELATING TO THE FACILITY. THE DEPARTMENT NEEDS INFORMATION RELATING TO AAA ASSOCIATES' ACTIVITIES AND INVOLVEMENT IN THE ASBESTOS REMOVAL AT THE FACILITY. THIS INFORMATION MAY BE BEST PROVIDED BY AAA ASSOCIATES' RESPONSE TO A SECTION 113 INFORMATION REQUEST. - THE REFERRAL INDICATES THAT ASBESTOS REMOVAL, INC. (ARI), THE ASBESTOS REMOVAL COMPANY THAT HIRED REX EDWARDS AND WAS APPARENTLY HIRED BY AAA ASSOCIATES, WAS SENT A SECTION 113 INFORMATION REQUEST. AT THE TIME THE CASE WAS REFERRED, HOWEVER, ARI'S RESPONSE TO THIS INFORMATION REQUEST AS UNDER REVIEW BY EPA AND IT WAS NOT INCLUDED IN THE REFERRAL. ARI'S RESPONSE TO THE SECTION 113 INFORMATION REQUEST SHOULD BE FORWARDED TO THE DEPARTMENT FOR REVIEW. - ONCE THIS INFORMATION IS PROVIDE TO THE DEPARTMENT, WE WILL BE ABLE TO EVALUATE, IN CONJUNCTION WITH EPA, WHETHER THE OWNER OF THE FACILITY, AAA ASSOCIATES AND ARI SHOULD BE IN- CLUDED AS DEFENDANTS IN THE COMPLAINT.

Defendants (1)

• REX EDWARDS (D/B/A) L&R EQUIPMENTNamed in complaintNamed in settlement

Facilities (1)

• L & R EQUIPMENT CO

  300 RIVER PL, DETROIT, MI, 48207

  Registry ID: 110010592581

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• RIVER PLACE PROPERTIESentered 1993-10-21

  Primary law: CAA

Timeline (7 milestones)

• 1988-07-29Enforcement Action Data Entered
• 1989-03-27Referred To Dept Of Justice
• 1993-10-21Final Order Lodged
• 1993-10-21Final Order Entered
• 1993-10-21Complaint Filed With Court
• 1993-10-21Concluded
• 1995-02-21Enforcement Action Closed