EPA v. PIONEER ENVIRONMENTAL SERVICES

Case summary

RESPONDENT WAS A SUB-CONTRACTOR DURING AN AUGUST 1989 ASBESTOS ABATEMENT PROJET AT THE CARDINGTON ELEMENTARY SCHOOL IN CARDINGTON, OH. THE COMPLAINT ISSUED 8/3/90, ALLEGED THAT RESPONDENT FAILED TO COMPLY WITH THE REQUIREMENTS OF 15 USC SECTIONS 2614 AND 2643, AND 40 CFR SECTION 763.90(I), BY SPLITTING THE ASBESTOS PROJECT AREA INTO SMALL CONTIGUOUS AREA. THE COMPLAINT PROPOSED A PENALTY IF $25,000. RESPONDENT CERTIFIED THAT ITS CURRENT ABATEMENT WORK IS CONDUCTED IN COMPLIANCE WITH AHERA, THAT NO CONTAMINATION OF THE ABATEMENT SITE WAS SHOWN BY AIR TESTING, AN THAT IT RECEIVED NO ECONOMIC BENEFIT DUE TO THE FACT THAT IT HAD TO PERFORM ADDDITIONAL TESTING DUE TO THE SEPARATION. USEPA RECOGNIZED THAT RESPONSIBILITY FOR THE VIOLATION WAS SHARED BY THE CONTRACTOR, ASBESTOS REAL ESTATE CONSULTANTS, INC, WHICH WAS SUBJECT TO, AND SETTLED, A SEPARATE ADMINISTRATIVE ACTION RELATING TO THE SAME IMPROPER SEPARATION.

Defendants (1)

• PIONEER ENVIRONMENTAL SERVICESNamed in complaintNamed in settlement

Statutes cited

• TSCA 206 — Contractor Laboratory Accreditation

Enforcement conclusions (1)

• PIONEER ENVIRONMENTAL SERVICESentered 1992-07-15

  Primary law: TSCA

  Federal penalty: $7,250

Timeline (4 milestones)

• 1990-08-07Enforcement Action Data Entered
• 1990-08-07Complaint Filed/Proposed Order
• 1992-07-15Final Order Issued
• 1992-07-15Enforcement Action Closed