EPA v. STERN, ERNEST & STERN ENTERPRISES

Case summary

THE VIOLATIONS CITED IN THIS LITIGATION REPORT WERE OBSERVED IN A FACILITY REFERRED TO AS THE SCHMIDT BREWERY. VIOLA- TIONS OF THE ASBESTOS STANDARD WERE ORIGINALLY OBSERVED AT THIS SITE ON 8/9&10/89. REGION V REFERRED THESE VIOLATIONS TO THE DOJ ON 3/26/90, AND REQUESTED DOJ TO PURSUE AN EN- FORCEMENT ACTION AGAINST OBIE ELIE, THE DEMOLITION CONTRACT- OR THAT IMPROPERLY PERFORMED ASBESTOS REMOVALAT THE FACILI- TY, AS WELL AS THE ESTATE OF ERNEST STERN, THE FACILITY OWN- ER. SINCE THE 3/26/90, REFERRAL THE EPA HAS OBSERVED ADDI- TIONAL VIOLATIONS OF THE CAA AND THE ASBESTOS STANDARD AT THE SCHMIDT BREWRY RESULTING FROM RENOVATION ACTIVITY AT THE FACILITY. WHEN INFORMED OF THESE NEW FACTS, DOJ REQUESTED THE REGION ON 6/29/90, TO PREPARE THIS LITIGATION REPORT IN ORDER TO DOCUMENT THE ADDITIONAL VIOLATIONS, AND IN ORDER TO ULTIMATELY CONSOLIDATE ALL THE VIOLATIONS OBSERVED AT THIS FACILITY INTO 1 COMPLAINT. - BY THIS LITIGATION REPORT EPA ALSO PROPOSES TO ADD A CERCLA COUNT IN THE COMPLAINT TO BE FILED IN THIS ACTION. SECTION 103(A) OF CERCLA REQUIRES NOTIFICATION TO THE NATIONAL RESPONSE CENTER IMMEDIATELY FOLLOWING THE RELEASE OF A HAZAR DOUS SUBSTANCE IN AN AMOUNT THAT EXCEEDS ITS REPORTABLE QUANTITY. - ALSO DISCUSSED IN THIS REPORT IS THE POSSIBILITY OF ISSUING AN EMERGENCY ADMINISTRATIVE ORDER, PURSUANT TO SECTION 303 OF THE CAA, WHICH WOULD REQUIRE THE DEFENDANTS TO ABATE THE ASBESTOS CONTAINING MATERIAL IN THE FACILITY. THE EPA IS CONSIDERING THIS ENFORCEMENT OPTION BECAUSE OF THE EXTRA- ORDINARY ASBESTOS CONTAMINATION OCCURRED AS A RESULT OF VANDALISM, AND NOT A RENOVATION OR DEMOLITION OPERATION. - WITH RESPECT TO THE ASBESTOS VIOLATIONS EPA RECENTLY OB- SERVED, SECTION 113(B) OF THE CAA, 42 U.S.C. SECTION 7413(B) AUTHORIZES EPA TO INITIATE CIVIL ACTIONS TO ABATE THE VIOLA- TIONS AND TO SEEK CIVIL PENALTIES. REGION V SEEKS TO PERMANENTLY ENJOIN THE DEFENDANTS FROM FURTHER VIOLATIONS OF THE ASBESTOS NESHAP REGULATIONS AND SEEKS A CIVIL PENALTY OF AT LEAST $135,980 FOR THE VIOLATIONS CITED IN THIS REPORT VIOLATION OF PCB REGULTIONS, 40 C.F.R. PART 761 THE PENALTY COLLECTED WAS A STIPULATED PENALTY FOR VIOLATIONS OF A CONSENT DECREE. THE PENALTY WAS NOT PAID BY ALL DEFENDANTS.

Defendants (10)

• LYNDA COSLOVNamed in settlement
• MICHAEL J. MANUSZAKNamed in settlement
• OBIE ELIENamed in settlement
• REGINA STERNNamed in settlement
• RICHAR M. STERNNamed in settlement
• STERN ENTERPRISESNamed in complaintNamed in settlement
• STERN, ERNEST-ESTATE OFNamed in complaintNamed in settlement
• ELIE WRECKING COMPANYNamed in settlement
• HERBERT SUGARMANNamed in settlement
• JUDY S. GUTTMANNamed in settlement

Facilities (1)

• SCHMIDT BREWERY

  9300 QUINCY AVE, CLEVELAND, OH, 44106

  Registry ID: 110006339355

Statutes cited

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

Enforcement conclusions (2)

• STERN, ERNEST & STERN ENTentered 1994-07-10

  Primary law: CAA

  Federal penalty: $724,719

• STERN, ERNEST & STERNentered 1999-12-03

  Primary law: CAA

  Federal penalty: $724,719

Timeline (7 milestones)

• 1990-03-22Enforcement Action Data Entered
• 1991-02-07Referred To Dept Of Justice
• 1992-07-23Complaint Filed With Court
• 1999-11-23Final Order Lodged
• 1999-12-03Final Order Entered
• 1999-12-03Concluded
• 2000-03-07Enforcement Action Closed