EPA v. B&W INVESTMENT PROPERTIES, INC., ET AL

Case summary

THE COMPANY AND INDIVIDUALS HAVE VIOLATED SECT 112 OF THE CAA, 42 USC S7412 AND HAS FAILED TO COMPLY WITH 40 CFR SECTS 61.146 AND 147. THE REGULATIONS ARE PART OF THE ASBESTOS NAT'L EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP) WHICH REQUIRE ADEQUATE PRIOR WRITTEN NOTICE AND PRO PER WORK PRACTICES FOR DEMOLITIONS INVOLVING FRIABLE ASBES- TOS MATERIAL. THIS REFERRAL IS BASED ON INSPECTION CONDUCTED IN CICERO, IL. BY THE COOK COUNTY DEPT. OF ENVIRONMENTAL CONTROL AND THE USEPA ON AN ASBESTOS RENOVATION OR DEMOLITION OPERATION, DISCOVERED IN AUGUST 1990. THE ABOVE IDENTIFIED DEFENDANTS DID NOT SUBMIT ANY VALID NOTIFICATION OF INTENT TO RENOVATE OR DEMOLISH, IN VIOLATION OF 40 CFR S61.146; AND DID NOT FOLLOW PROPER WORK PRACTICES BEFORE AND DURING THE REMOVAL OF FRIABLE ASBESTOS MATERIAL, IN VIOLATION OF 40 CFR SECT 61.147. REGION V SEEKS TO PERMANENTLY ENJOIN DEFENDANTS FROM FUR- THER VIOLATIONS OF THE NESHAP REGULATIONS AND SEEKS A CIVIL PENALTY. THIS CASE IS SIGNIFICANT BECAUSE THE DEFENDANTS CONTROL AND OPERATE A SUBSTANTIAL NUMBER OF OLDER BUILDINGS IN THE CHICAGOLAND AREA WHICH CONTAIN ASBESTOS, AND HAVE BLATANTLY VIOLATED THE ASBESTOS DEMOLITION NOTIFICATION AND WORK PRAC- TICE STANDARDS.

Defendants (1)

• B&W INVESTMMENT PROPERTIES, INC.Named in complaintNamed in settlement

Facilities (2)

• B W INVESTMENT PROPERTIES

  134 N LA SALLE 1624, CHICAGO, IL, 60602

  Registry ID: 110010738390

• DANLEY PROPERTIES

  1626 S 54TH AVE, CICERO, IL, 60804

  Registry ID: 110010738381

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• B&W INVESTMENT PROPERTIESentered 1994-02-17

  Primary law: CAA

  Federal penalty: $1,675,000

Timeline (7 milestones)

• 1991-02-24Enforcement Action Data Entered
• 1991-03-29Referred To Dept Of Justice
• 1991-09-16Complaint Filed With Court
• 1994-02-17Final Order Lodged
• 1994-02-17Final Order Entered
• 1994-02-17Concluded
• 2003-09-16Enforcement Action Closed