EPA v. LEA COUNTY ELECTRIC COOPERATIVE, INC.

Case summary

LEA COUNTY ELECTRIC COOP. OWNS AND OPERATES AN ELECTRIC POWER GENERATION PLANT NEAR LOVINGTON, NM. ON 1/7/83 LCEC HIRED RGW ENTERPRISES, INC. TO DISMANTLE AND SELL THE DIESEL ENGINES AND ATTACHED EQUIPMENT IN LCEC'S OPERATING ROOM. RGW DISMANTLED DIESEL ENGINES #4 IN JULY, 1983; #5 IN AUGUST, 1983; #6 AND #7 IN MAY, 1984 (IN VIOL- ATION OF 40CFR/61.147); AND PROCEEDED IN JULY AND AUGUST, 1984 TO STRIP THE ASBESTOS-CONTAINING INSULATION OFF OF THE FOUR DIESEL ENGINE MANIFOLDS, LEAVING IT OUTSIDE (IN VIOL. OF 40CFR/61.152 AND 61.156). EPA WAS NOT NOTIFIED IN ADVANCE OF THESE OPERATIONS (REQUIRED IN 40CFR/60.146). THE MANIFOLDS ARE LARGE HOLLOW DUCTS AND CALCULATIONS SHOW THAT APPROXIMATELY 1,158 FT2 OF ASBESTOS-CONTAINING MATERIAL WAS NEEDED TO COVER THE MANIFOLDS. THE NESHAPS FOR ASBESTOS (40CFR/61.140 ET SEQ) APPLIES TO A RENOVATION OR DEMOLITION IF AT LEAST 160 FT2 OF FRIABLE ASBESTOS IS RE- MOVED (60.145(A)). IN MAY, 1985, HATCH & KIRK PURCHASED FROM RGW THE REMAINING ELEMENTS OF THE CONTRACT BETWEEN LCEC AND RGW. IN JULY, 1985, HATCH AND KIRK TRANSPORTED MUCH OF THE ASBESTOS- CONTAINING INSULATION (APPROXIMATELY 2 CUBIC YDS.) THAT RGW HAD LEFT LYING OUTSIDE FOR THA LAST YEAR TO A NEARBY LAND- FILL (IN VIOL. OF 61.152... IMPROPER DISPOSAL). NO EFFORT WAS MADE TO WET THE ASBESTOS DURING LOADING AND TRANSPORT (IN VIOL. OF 61.152). EPA WAS INFORMED OF THESE IMPROPER PRACTICES ON 7/19/85 AND AN INVESTIGATOR FROM THE NEW MEXICO ENVIRONMENTAL IM- PROVMENT DIVISION ( NMEID ) WAS DISPATCHED TO COLLECT SAM- PLES OF THE MATERIALS AT THE CITY DUMP AND AT LCEC. ALL OF THE SAMPLES TAKEN AT THE DUMP AND TWO OF THREE SAMPLES TAKEN AT LCEC SHOWED HIGH LEVELS OF ASBESTOS. IN AUGUST, 1985, HATCH AND KIRK HIRED THE CORONADO WRECKING AND SALVAGE CO., INC. (DBA SOUTHWEST ABATEMENT CO.) TO COMPLETE THE REMOVAL OF ASBESTOS-CONTAINING MATERIAL FROM LCEC IN A LEGAL AND PROPER FASHION.

Defendants (3)

• HATCH & KIRK, INC.Named in complaintNamed in settlement
• LEA COUNTY ELECTRIC COOPERATIVE, INC.Named in complaintNamed in settlement
• RGW ENTERPRISES (GEORGE AND ROSE BAILES)Named in complaintNamed in settlement

Facilities (1)

• LEA CTY ELECT COOP INC

  US 82 1 M N OF LOVINGTON, LOVINGTON, NM, 88260

  Registry ID: 110007975110

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• LEA COUNTY ELECTRIC COOPERATIVE, INC.entered 1988-09-07

  Primary law: CAA

  Federal penalty: $31,631

Timeline (8 milestones)

• 1986-03-13Referred To Headquarters
• 1986-04-10Referred To Dept Of Justice
• 1986-11-28Referred TO U.S. Attorney
• 1986-12-12Complaint Filed With Court
• 1988-09-07Final Order Lodged
• 1988-09-07Final Order Entered
• 1988-09-07Concluded
• 1988-09-07Enforcement Action Closed