EPA v. HUNN, BENNY DBA HUNN ROOFING COMPANY

Case summary

NATURE OF THE CASE: BENNY HUNN, WHO DOES BUSINESS AS HUNN ROOFING CO. AND ALSO HUNN CONSTRUCTION CO. IN ALTAS, OK., OPERATES BUSINESSES WHICH , AMONG OTHER THINGS, DEMOLISH BUILDINGS. HE CONTRAC- TED W/SENTINEL SCHOOL SYSTEMS IN SENTINEL, OK., TO REMOVE A BUILDING KNOWN TO CONTAIN ASBESTOS. EMISSIONS FROM AN AS- BESTOS DEMOLITION PROJECT ARE SUBJECT TO THE NAT'L EMISSION STANDARD FOR HAZARDOUS AIR POLLUTANTS (NESHAP), 40 CFR PART 61. CIVIL SUIT FOR PENALTIES AND AN INJUNCTION IS REQUEST- ED PURSUANT TO SECTION 113(B)(1) AND (B)(4) OF THE CLEAN AIR ACT. CAUSE OF ACTION: THE NAT'L EMISSION STANDARD FOR ASBESTOS WAS PROMULGATED ON APRIL 6, 1973, AND AMENDED MAY 3, 1974, OCTOBER 14, 1975, MARCH 2. 1977, AND JUNE 19, 1978, AND APRIL 5, 1984. IT IS PUBLISHED AT 40 CFR PART 61, SUBPART B W/THE EXCEPTION OF THE LATEST AMENDMENTS, WHICH ARE FOUND AT 49 FED. REG. 13658 PURSUANT TO THE STANDARD, AN OPERATOR OF A DEMOLITION PRO JECT WHICH INCLUDES A CERTAIN QUANTITY OF ASBESTOS IS RE- QUIRED TO SUBMIT A WRITTEN NOTICE OF ITS INTENTION TO DEMOL- ISH PRIOR TO COMMENCEMENT OF DEMOLITION. 40 CFR 61.22(D)(2). SECTION 114 OF THE CLEAN AIR ACT REQUIRES THAT ONE SUBJECT TO THE STANDARD MUST SUBMIT INFORMATION TO THE ADMINISTRATOR CONCERNING THE SOURCE WHEN REQUESTED. FINALLY, SECTION 113 OF THE CLEAN AIR ACT AUTHORIZES ISSUANCE OF AN A.O. FOR A VIOLATION OF SECTION 114. BENNY HUNN, AN OPERATOR OF A DEM- OLITION PROJECT INVOLVING A BUILDING WHICH CONTAINED ASBES- TOS, DID NOT GIVE THE REQUIRED NOTICE PRIOR TO DEMOLITION. AFTER THE DEMOLITION, MR. HUNN DID NOT RESPOND TO A SECTION 114 LETTER. AN A.O. WAS ISSUED THEREAFTER, AND MR. HUNN DID NOT COMPLY WITH THE ORDER. REGION 6 HAS DETERMINED THAT MR. HUNN HAS VIOLATED AT LEAST ONE NESHAP REGULATION FOR ASBES- TOS AS WELL AS TWO OTHER PROVISIONS OF THE CLEAN AIR ACT. THERE MAY HAVE BEEN OTHER VIOLATIONS AS WELL, BUT MR. HUNN'S REFUSAL TO SUBMIT REQUESTED INFORMATION HAS MADE FURTHER EV- ALUATION IMPOSSIBLE.

Defendants (5)

• HUNN CONSTRUCTION COMPANYNamed in complaintNamed in settlement
• HUNN ROOFING COMPANYNamed in complaintNamed in settlement
• HUNN, BENNYNamed in complaintNamed in settlement
• SENTINEL PUBLIC SCHOOLSNamed in complaintNamed in settlement
• STEVEN MCCARTYNamed in complaintNamed in settlement

Facilities (1)

• SENTINEL SCH SYS VOCTNL AG & I

  P O BOX 9, SENTINEL, OK, 73664

  Registry ID: 110010594366

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• HUNN, BENNY DBA HUNN ROOFINGentered 1986-08-29

  Primary law: CAA

Timeline (8 milestones)

• 1984-09-19Referred To Headquarters
• 1984-10-11Referred To Dept Of Justice
• 1984-10-31Referred TO U.S. Attorney
• 1984-11-05Complaint Filed With Court
• 1986-08-29Final Order Lodged
• 1986-08-29Final Order Entered
• 1986-08-29Concluded
• 1988-07-21Enforcement Action Closed