EPA v. SETH ELLIOT/JOHN HANCOCK BLDG

Case summary

F.O.V. WAS SENT OUT MAY 7, 1990 TO SETH ELLIOT. ALSO, A SECTION 114 REQUEST FOR INFO WAS SENT TO THE 175 E. DELAWARE PLACE HOMEOWNERS ASSOCIATION ON MAY 18, 1990. THE DEFENDANT, SETH E. ELLIOTT, OF CHGO, IL. HAS VIOLATED SECT 112 OF THE ACT, 42 USC S7412 AND HAS FILED TO COMPLY WITH 40 CFR S61.147. THE REGULATIONS ARE PART OF THE NESHAP WHICH REQUIRE ADEQUATE PRIOR WRITTEN NOTICE AND PROPER WORK PRACTICE PROCEDURES FOR RENOVATIONS INVOLVING FRIABLE ASBES- TOS MATERIAL. THIS REFERRAL IS BASED ON AN INSPECTION CONDUCTED BY THE CITY OF CHGO, DEPT OF CONSUMER SERVICES, ON FEBRUARY 28, 19- 90, OF AN ASBESTOS RENOVATION OPERATION OCCURRING IN A PRI- VATELY OWNED CONDOMINIUM. THE RENOVATION WAS CONDUCTED BY AN INDIVIDUAL NAME JOHN HANCOCK BLDG., CHGO, IL. MR. ELLI- OTT IS THE OWNER OF UNIT 6012 AND WAS THE OPERATOR OF THE UNIT 6012 RENOVATION OPERATION. ME. ELLIOTT DID NOT SUBMIT NOTIFICATION OF INTENT TO RENOVATE, IN VIOLATION OF 40 CFR S61.146A AND DID NOT FOLLOW PROPER WORK PRACTICE PROCEDURES DURING THE REMOVAL OF FRIABLE ASBESTOS MATERIAL, IN VIOLA- TION OF 40 CFR S61.147. THE USEPA, REGION V, SEEKS TO PERMANENTLY ENJOIN SETH E. ELLIOTT FROM FURTHER VIOLATIONS OF THE ASBESTOS NESHAP REGU- LATIONS AND SEEKS A CIVIL PENALTY OF AT LEAST $10,000. A FINDING OF VIOLATION (FOV) WAS ISSUED TO MR. ELLIOTT ON MAY 7, 1990. IN RESPONSE TO THE FOV, A CONFERENCE WAS HELD BETWEEN EPA AND MR. ELLIOTT ON JUNE 20, 1990. THIS CASE IS SIGNIFICANT BECAUSE IT INVOLVES AN INDIVIDUAL RATHER THAN A CORPORATION. THIS ACTION WILL PUT INDIVIDUALS ON NOTICE OF THE SIGNIFICANCE OF VIOLATIONS OF THIS NATURE.

Defendants (1)

• SETH ELLIOT/JOHN HANCOCK BLDGNamed in complaintNamed in settlement

Facilities (1)

• ELLIOTT SETH / HANCOCK JOHN BLDG

  175 E DELAWARE PL, CHICAGO, IL, 60611

  Registry ID: 110010728524

Statutes cited

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

Enforcement conclusions (1)

• ELLIOT, SETHentered 1991-11-22

  Primary law: CAA

  Federal penalty: $10,000

Timeline (7 milestones)

• 1990-04-17Enforcement Action Data Entered
• 1990-09-14Referred To Dept Of Justice
• 1991-03-08Complaint Filed With Court
• 1991-11-22Final Order Lodged
• 1991-11-22Final Order Entered
• 1991-11-22Concluded
• 1996-09-01Enforcement Action Closed