EPA v. WITTENBERG, VILLAGE OF

Case summary

THIS CASE WAS REFERRED TO THE AIR ENFORCEMENT AND COMPLIANCE ASSURANCE BRANCH (AECAS) IN OCTOBER 10, 1998. ON NOVEMBER 17, 1997, THE WITTENBERG FIRE DEPARTMENT (WFD) SET A SERIES OF SMALL FIRES AT THE HOUSE LOCATED AT 703 EAST GRAND AVENUE WITTENBERG, WISCONSIN, AND CONDUCTED FIRE FIGHTING AND FIRE RESCUE TRAINING. SUBSEQUENTLY, THE WFD ALLOWED THE FIRES TO BURN THE HOUSE COMPLETELY, RESULTING IN THE DEMOLITION OF THE HOUSE. RESULTS OF LABORATORY ANALYSIS OF SAMPLES TAKEN FROM THE SLATE SIDING FOUND IN THE HOUSE DEBRIS ON DECEMBER 1, 1997, REVELED THAT SAMPLES CONTAINED BETWEEN 10 TO 15 PER CENT ASBESTOS. THE VILLAGE OF WITTENBERG VIOLATED THE NE- SHAP FOR ASBESTOS BY FAILING TO THOROUGHTLY INSPECT THE HOUSE FOR THE PRESENCE OF ASBESTOS PRIOR TO THE DEMOLITION ACTIVITY; BY FAILING TO PROVIDE THE ADMINISTRATOR WITH WRITTEN NOTICE OF ITS INTENT TO DEMOLISH THE HOUSE AT LEAST TEN WORKING DAYS BEFORE IT BEGAN THE ASBESTOS DEMOLITION; BY FAILING TO ADEQUATELY WET ALL RACM FROM THE DEMOLITION ACTIVITY AND FAILING TO ENSURE THAT IT REMAINED WET UNTIL COLLECTED AND CONTAINED OR TREATED IN PREPARATION FOR DIS- POSAL. THIS ACO MAKE THE VILLAGE OF WITTENBERG TO ACHIEVE, DEMONSTRATE, AND MAINTAIN COMPLIANCE WITH THE NESHAP FOR ASBESTOS, 40 C.F.R. PART 61, SUBPART M.

Defendants (1)

• WITTENBERG, VILLAGE OFNamed in settlement

Facilities (1)

• WITTENBERG, VILLAGE OF

  405 SOUTH WEBB STREET, WITTENBERG, WI, 54499

  Registry ID: 110010580291

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• WITTENBERG, VILLAGE OFentered 2000-02-08

  Primary law: CAA

Timeline (2 milestones)

• 2000-02-08Final Order Issued
• 2001-02-10Enforcement Action Closed