EPA v. RIVER PLACE PROPERTIES

Case summary

THE COMPANY IS IN VIOLATION OF 40 CFR 61.147 WHICH REQUIRES THE REMOVAL OF FRIABLE ASBESTOS MATERIALS PRIOR TO ANY WRECKING OR DISMANTLING AND 40 CFR 61.152 WHICH PROHIBITS THE DISCHARGE OF VISIBLE EMISSIONS TO THE OUTSIDE AIR DURING THE COLLECTION OF ANY ASBESTOS CONTAINING WHATE MATERIAL. A LITIGATION REFERRAL PACKAGE FOR VIOLATIONS OF THE CAA 41 USC S7401, ET SEQ., AND THE NAT'L EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAPS), 40 CFR PART 61, PROMULGATED THEREUNDER, SPECIFICALLY SUBPART M, NAT'L EMISSION STANDARD FOR ASBESTOS. THIS REFERRAL IS BASED ON INSPECTIONS CONDUCTED BY THE EASTERN DIST OFFICE OF USEPA. THE INSPECTORS OBSERVED THE CONSTRUCTION CONTRACTOR PERFORMING GUTTING WORK IN THE FACILITY IN PREPARATION FOR AN ASBESTOS CONTRACTOR'S ABATEMENT OF THE FACILITY. THE INSPECTORS OBSERVED THE CONSTRUCTION CONTRACTOR 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 INSPECTION REPORT AS EVIDENCE OF THE VIOLATION. REGION V SEEKS A PERMANENT INJUNCTION AGAINST THE DEFENDANT 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 REFERRAL 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 INFORMATION REGARDING THE OWNER OF THESE OTHER ENTITIES TO EVALUATE WHETHER EACH SHOULD BE NAMES AS A DEFENDANT IN THE COMPLAINT AFTER THE CASE WAS REFERRED THE OWNER OF THE FACILITY PREVIDED EPA WITH A LETTER DETAILING ITS ACTIVITIES RELATING TO THE ASBESTOS REMOVAL AT THE FACILITY. PURSUANT TO OUR DISCUSSION, 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 CONSULTATING 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 FORWARED TO THE DEPARTMENT FOR REVIEW. ONCE THIS INFORMATION IS PROVIDED 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 INCLUDED AS DEFENDANTS IN THE COMPLAINT.

Facilities (1)

• PEAVEY COMPANY

  3274 CARROLLTON RD, CARROLLTON, MI, 48724

  Registry ID: 110001841099

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: CAA

Timeline (4 milestones)

• 1989-03-27Enforcement Action Data Entered
• 1989-03-27Complaint Filed/Proposed Order
• 1992-12-24Final Order Issued
• 1992-12-24Enforcement Action Closed