EPA v. PHANTASY THEATER

Case summary

THE AGENCY'S INITIAL CONTACT WITH JOHN DEFRASIA OCCURRED ON JUNE 6, 1988, AFTER RECEIPT OF A CITIZEN'S COMPLAINT RE- PORTING SUSPECTED ASBESTOS REMOVAL ACTIVITIES. SUBSEQUENT CONTACTS OCCURRED ON: JUNE 8, 1988, WHEN THE OWNER'S WIFE CONFIRMED THAT THE DEFRASIA'S HAD INDEPENDENTLY CONFIRMED THE EXISTENCE OF 20-30% ASBESTOS MATERIAL IN THE THEATER; JUNE 9, 1988; JUNE 16, 1988, WHEN THE INSPECTOR SERVED ADMINSTRATIVE ORDER 5-88-113A(A)-30 ON JOHN DEFRASIA JUNE 27 1988, WHEN THE EPA INSPECTOR MET WITH JOHN DEFRASIA TO DETER MINE STATUS OF DOCUMENT PRODUCTION; JULY 1, 1988, WHEN THE EPA INSPECTOR DISCOVERED THAT JOHN DEFRASIA RESUMED THE RENO VATION WITHOUT COMPLETION OF THE ASBESTOS RENOVATION NOTICE; JULY 5, 1988, WHEN THE EPA INSPECTOR OBSERVED THE LANDFILL- ING OF 40 DRUMS OF WASTE GENERATED BY THE PHANTASY THEATER; AND, JULY 7, 1988, WHEN THE EPA INSPECTOR OBSERVED FINAL AIR TESTING.

Defendants (2)

• DE FRASIA, JOHNNamed in complaintNamed in settlement
• PHANTASY THEATERNamed in complaintNamed in settlement

Facilities (1)

• PHANTASY THEATRE

  11802 DETROIT AVE, LAKEWOOD, OH, 44107

  Registry ID: 110010701473

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• DEFRASIA, JOHN /PHANTASY THEATentered 1991-10-22

  Primary law: CAA

  Federal penalty: $1,500

Timeline (8 milestones)

• 1988-06-14Enforcement Action Data Entered
• 1988-11-17Referred To Dept Of Justice
• 1988-11-17Referred TO U.S. Attorney
• 1989-05-12Complaint Filed With Court
• 1991-10-22Final Order Lodged
• 1991-10-22Final Order Entered
• 1991-10-22Concluded
• 1991-10-22Enforcement Action Closed