EPA v. OWENS CONTRACTING SERVICES

Case summary

THIS CASE INVOLVES VIOLATIONS OF REGULATIONS GOVERNING ASBESTOS REMOVAL THAT WERE PROMULGATED BY THE ADMINISTRATOR OF U.S. EPA PURSUANT TO THE CLEAN AIR ACT, 42 U.S.C.A. SECTION 7401 AT ET SEQ. ( WEST 1983 & SUPP. 1991), AND CODIFIED AT 40 C.F.R. SECTION 61.140 ET SEQ.. THESE VIOLATIONS WERE COMMITTED BY OWENS CONTRACTING SERVICES, INC. (OWENS) OF SAGINAW, MICHIGAN AND FRANK J. BUSCARINO (BUSCARINO) OF SAGINAW, MICHIGAN. OWENS WAS THE DEMOLITION CONTRACTOR FOR THE DEMOLITION OF A BUILDING OWNED BY BUSCARINO. ON APRIL 21, 23, 25, 26, 27, AND 30 AND MAY 1, 1990, INSPECTORS FROM THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES (MDNR) DOCUMENTED VIOLATIONS OF THE ASBESTOS NESHAP STEMMING FROM THE IMPROPER DEMOLITION OF A GARAGE LOCATED NEAR THE CORNER OF (1006 N. MICHIGAN) HAMILTON AND HOLLAND AVENUES IN SAGINAW, MICHIGAN. OWENS DID NOT EMPLOY WATER DURING DEMOLITION, AND DID NOT REMOVE DTHE ASBESTOS-CONTAINING TRANSITE SIDING IN SECTIONS. DUE TO THE TECHNIQUES USED, THE TRANSITE SIDING WAS RENDERED FRIABLE. THE MDNR INSPECTORS OBSERVED VISIBLE EMISSIONS. OWENS DID NOT KEEP THE FRIABLE MATERIALS WET PRIOR TO COLLECTION FOR DISPOSAL. THE SITE IS BORDERED BY RESIDENCES DTO THE EAST AND WEST, A DENTIST'S OFFICE TO THE NORTH AND AN OFFICE COMPLEX TO THE SOUTH. THE INSPECTORS OBSERVED MOTORISTS USING THE PARKING AREA ADJACENT TO THE GARAGE DURING THE DEMOLITION. NO TIMELY WRITTEN NOTICE OF INTENT TO CONDUCT A DEMOLITION WAS SUBMITTED BY EITHER OWENS OR BUSCARINO. REGION 5 SEEKS TO PERMANENTLY ENJOIN OWENS FROM FURTHER VIOLATIONS OF THE ASBESTOS NESHAP AND TO COLLECT FROM DEFENDANTS A CIVIL PENALTY OF AT LEAST $29,700.

Defendants (2)

• BUSCARINO, FRANK J.Named in complaint
• OWENS CONTRACTING SERVICES, INC.Named in complaint

Facilities (1)

• OWENS CONTRACTING SVCS

  1006 N MICIGAN, SAGINAW, MI, 48602

  Registry ID: 110010728310

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Timeline (5 milestones)

• 1990-04-21Enforcement Action Data Entered
• 1992-06-26Referred To Dept Of Justice
• 1993-10-14Complaint Filed With Court
• 1993-10-14Concluded
• 1993-10-14Enforcement Action Closed