EPA v. WISCONSIN CENTRAL LTD.

Case summary

WISCONSIN CENTRAL LIMITED IS A RAILROAD COMPANY WHICH OWNED PROPERTY IN WAUKESHA, WISCONSIN. IN 1993, WISCONSIN CENTRAL HIRED WALTERS EXCAVATING AND WRECKING, INC. (WHICH WAS RUN BY MR. RICHARD A. WALTERS) TO DEMOLISH THE STRUCTURES REMAINING ON THE PROPERTY. THOSE STRUCTURES CONTAINED TRAN- SITE ASBESTOS WHICH WAS SUBJECT TO SECTION 112 OF THE CAA AND THE ASBESTOS NESHAP, 40 C.F.R. PART 61, SUBPART M. IN ADDITION, THE DEMOLITION WORK WAS SUBJECT TO THE PARTICULATE EMISSIONS PROVISIONS OF THE WISCONSIN STATE IMPLEMENTATION PLAN ( SIPZ'). WALTERS DEMOLISHED THE STRUCTURES AT THE WAUKESHA PROPERTY FROM MARCH 19, 1993 THROUGH MARY 17, 1993 WITHOUT SUBMITTING A TIMELY NOTICE OF ASBESTOS RENOVATION OR DEMOLITION TO THE WISCONSIN DEPARTMENT OF NATURAL RESOURCES, WITHOUT FOLLOWING THE WORK PRACTICE PROVISIONS CONTAINED IN THE ASBESTOS NESHAP, AND WITHOUT CONTROLLING PARTICULATE EMISSIONS AS REQUIRED BY THE WISCONSIN SIP. THE SETTLEMENT REQUIRES WISCONSIN CENTRAL TO PAY $85,000 AND WALTERS EXCA- VATING AND RICHARD WALTERS TO PAY $25,000 COLLECTIVELY. WISCONSIN CENTRAL AND WALTERS EXCAVATING DEMOLISHED SERVED BUIDLINGS AT THE FACILITY BUT FAILED TO: 1. PROVIDE EPA WITH WRITTEN NOTICE OF INTENTION TO DEMOLISH 2. HAVE AT LEAST ONE ON-SITE REPRESENTATIVE TRAINED ON THE ASBESTOS NESHAP REGULATIONS PRESENT DURING DEMOLITION; 3. TAKE PRECAUTIONS TO CONTROL FUGITIVE DUST; IN VIOLATION OF 40 C.F.R. PART 61, SUBPART M, AND SECTION 112 OF THE ACT, 42 U.S.C. SECTION 7412, AND THE CONTROL OF IMPLEMENTATION PLAN, WIS. ADM. CODE NR 154.4.

Defendants (3)

• WISCONSIN CENTRAL LTD.Named in settlement
• RICHARD A. WALTERS
• WALTERS EXECAVATING & WRECKING, INC.

Facilities (1)

• WISCONSIN CENTRAL LTD.

  1300 S BARKER RD, WAUKESHA, WI, 53186

  Registry ID: 110010742312

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• WISCONSIN CENTRAL LTD.entered 1999-02-25

  Primary law: CAA

  Federal penalty: $110,000

Timeline (7 milestones)

• 1994-09-28Referred To Dept Of Justice
• 1998-12-09Final Order Lodged
• 1998-12-09Complaint Filed With Court
• 1999-02-25Final Order Entered
• 1999-02-25Concluded
• 1999-03-16Enforcement Action Data Entered
• 2001-04-27Enforcement Action Closed