EPA v. BOAT DISPLAY WAREHOUSE / SUPERIOR DEMOLITION

Case summary

FOV WAS ISSUED FOR NOTICE AND WORK PRACTICE VIOLATIONS WHICH EPA ALLEGES. THESE ALLEGATIONS ARE BASED ON INSPECTION RE- PORTS. FOVS WERE SENT TO SUPERIOR DEMOLITION AND EXCAVATING INC. (THE DEMOLITION CONTRACTOR) AND CHELM MANAGEMENT COM- PANY (THE MANAGER OF THE PROPERTY) ON 8/12/91. AN FOV WAS ISSUED TO NORTHEAS INDUSTRIAL PROPERTIES (THE OWNER) ON 9/12 /91. - INFORMAL CONFERENCES WERE HELD WITH CHELM MGT AND SUPERIOR DEMOLITION ON 9/12/91, AND 9/20/91, RESPECTIVELY. - WHEN THE FOVS WERE ISSUED IN AUGUST, EPA KNEW THAT THIS FACI LITY HAD SUFFERED A FIRE. CDAPC INSPECTORS TOLD US THAT PART OF THE BUILDING WAS UNDER A DEMOLTIION ORDER AND PART WAS NOT AND THAT THEY DETECTED NOTICE AND WORK PRACTICE VIOLATIONS. - THE INFORMAL CONFERENCE REVEALED THAT THE ENTIRE BUILDING WAS SUBJECT TO A CITY CONDEMNATION ORDER DUE TO A FIRE WHICH CAUSED THE MIDDLE OF THE BUILDING TO COLLAPSE. - CHELM HIRED SUPERIOR TO DEMOLISH AND TOOK NO OTHER MEASURES. - SUPERIOR WENT TO DEMOLISH IN AUGUST, BUT ARSON INVESTIGATION CREWS PREVENTED ANY WORK. THE ASRSON CREW ALSO ASKED/ODERED SUPERIOR TO MOVE ITEMS TO ASSIST THE INVESTIGATION. SUPERIOR HIRED AN ASBESTOS ABATEMENT WORKER TO PROPERLY RE- MOVE AND DEPOSE ASBESTOS IN THE DEBRIS WHICH THEY WERE ASKED TO MOVE. SUPERIOR THEN HIRED MEDICO TO REMOVE THE ASBESTOS FROM THE STILL STANDING PORTIONS. SUPERIOR SAYS THEY DID NOT DEMOLISH UNTIL AFTER REMOVAL. CDAPC DID RECEIVE A NOTICE OF RENOVATION FROM MEDICO. IT APPEARS NOW THAT NOTICE WAS EITHER LATE OR DEFICIENT.

Defendants (2)

• SUPERIOR DEMOLITION
• BOAT DISPLAY WAREHOUSE

Facilities (1)

• SUPERIOR DEMOLITION

  300 E 131ST ST, CLEVELAND, OH, 44108

  Registry ID: 110010738504

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Timeline (4 milestones)

• 1991-08-12Complaint Filed/Proposed Order
• 1991-10-16Enforcement Action Data Entered
• 1991-10-18Final Order Issued
• 1991-10-18Enforcement Action Closed