EPA v. CAFARO CO./DEZCON INC.

Case summary

RESPONDENT IS THE OWNER OF A FACILITY WHERE ASBESTOS WAS REMOVED IN VIOLATION OF THE CAA AND THE NESHAPS REGULATIONS. RESPONDENT FAILED TO PROVIDE WRITTEN NOTICE OF ITS INTENT TO REMOVE ASBESTOS AND FAILED TO PROPERLY REMOVE THE ASBESTOS. * * * COVER MEMO * * * SPECIFICALLY, THE REFERRAL INVOLVES RENOVATION OF A RESTAU- RANT IN A SHOPPING MALL IN NILES, OH WICH INVOLVED THE RE- MOVAL OF FRIABLE ASBESTOS CONTAINING MATERIAL. DEZCON INC., A CONSTRUCTION COMPANY, WAS HIRED BY THE CAFARO COMPANY INC. THE OWNER, TO PERFORM THE RENOVATION WORK. NO NOTICE OF THIS ASBESTOS REMOVAL OPERATION WAS GIVEN AS IS REQUIRED BY OUR REGULATIONS NOR WERE REQUIRED PRECAUTIONS TAKEN TO PRE- VENT THE ESCAPE OF ASBESTOS TO THE ATMOSPHERE. THE WORK PER FORMED IN AN AREA OPEN TO A LARGE RETAIL STORE WITH APPARENT LY NO ATTEMPT BEING MADE TO PROTECT EITHER WORKERS OR PASSERSBY FROM AIRBORNE ASBESTOS PARTICLES. - A FINDING OF VIOLATION WAS ISSUED TO THE DEFENDANTS ON APRIL 17, 1989, AND REQUESTS FOR INFORMATION WERE SENT ON APRIL 17, JULY 14, AND JULY 17, 1989.

Defendants (2)

• CAFARO COMPANYNamed in complaintNamed in settlement
• DEZCON INC.Named in complaintNamed in settlement

Facilities (2)

• CAFARO CONSTRUCTION CO

  2445 BELMONT AVE, YOUNGSTOWN, OH, 44504

  Registry ID: 110010592689

• DEZCON INC

  1317 HEATON-NORTH RD SE, NILES, OH, 44446

  Registry ID: 110010701320

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• EASTWOOD MALL INC & DEZCONentered 1992-05-29

  Primary law: CAA

  Federal penalty: $31,900

Timeline (7 milestones)

• 1989-03-27Enforcement Action Data Entered
• 1990-03-23Referred To Dept Of Justice
• 1990-07-29Complaint Filed With Court
• 1992-05-29Final Order Lodged
• 1992-05-29Final Order Entered
• 1992-05-29Concluded
• 1992-06-08Enforcement Action Closed