EPA v. SOUTHWEST LOUISIANA HOSPITAL ASSOCIATION

Case summary

03/39/91: SYNOPSIS OF CASE: LAKE CHARLES MEMORIAL HOSIPTAL IS A PUBLIC HOSIPTAL LOCATED IN THE LAKE CHARLES LA WHICH IS OWNED AND OPERATED BY SOUTHWEST LA HOSIPITAL ASSOC INC. DURING OCT 10, THRU NOV 11, 1988, LAKE CHARLES MEMORIAL HOSIPTAL CONDUCTED A RENOVATION OPERATION AT THE FACILITY WH WHICH INVOLVED THE REMOVAL OF FRIABLE ASBESTOS PIPE INSULAT- ION. THIS REMOVAL OPERATION WAS BEGUN BY A GENERAL CONTRACT OR WITH OUT ANY ASBESTOS NESHAP NOTIFICATION REQUIREMENTS BEING MET. WHEN IT WAS DISCOVERED THAT ASBESTOS CONTAINING MATERIALS WERE BEING REMOVED IN THIS OPERATION, THE GENERAL CONTRACTOR CEASED OPERATIONS & CONTACTED AN ASBESTOS ABATE- MENT CONTRACTOR, THERMO TECH, INC., TO COMPLETE THE REMOVAL OF THE ACM. ABESTOSIS A KNOWN ENVIRONMENTAL CARCINOGEN THAT MAY CAUSE SERIOUS IRREVERSIBLE HEALTH EFFECTS AND EVEN DEATH TO INDIVIDUALS EXPOSED TO ASBESTOS FIBERS. CONSEQUENTLY, ASBESTOS HAS BEEN DESIGNATED BY THE ADMINISTRATOR AS A HAZ- ARDOUS AIR POLLUTANT & COVERED UNDER SEC. 112 OF THE CAA, NATIONAL EMISSION STANDARDS FOR HAZ AIR POLLUTANTS (NESHAP). THE REGUALATIONS THAT GOVERN THE ASBESTOS NESHAP ARE CONTAIN ED IN 40 C.F.R PART 61, SUBPART M, SECTIONS 61.140 THRU 61.1 56. THE VIOLATIONS WERE: FAILURE TO PROVIDE WRITTEN NOTIFICATION OF INTENTION TO DEMOLISH/RENOVATE, FAILURE TO ADEQUATELY WET ASBESTOS CONTAINING MATERIAL (ACM) TO ENSURE IT REMAINS WET UNTIL COLLECTED FOR DISPOSAL, FAILURE TO DEPOSIT ALL ACM AT A WASTE DISPOSAL SITE OPERATED IN ACCORDANCE WITH 40 C.F.R. SEC. 156, AND AFTER WETTING , FAILURE TO SEAL ALL ACM IN LEAK-TIGHT CONTAINERS. PROPOSED PENALTY IN REFERRAL WAS $36,000, BUT DUE TO ASSESS- MENTS BASED ON ADDITIONAL DAYS OF VIOLATION AND INAPPROPRI- ATE DISPOSAL OF ACM THAT WAS REVEALED THROUGH SEC. 114 LET- TERS AS WELL AS DISCOVERY ONCE COMPLAINT WAS FILED, THE A- MOUNT OF PENALTY BECAME $81,500.

Defendants (2)

• F. MILLER & SONSNamed in complaintNamed in settlement
• SOUTHWEST LOUISIANA HOSIPTAL ASSN INC.Named in complaintNamed in settlement

Facilities (1)

• L C MEMORIAL HOSPIT

  1701 OAK PARK BLVD., LAKE CHARLES, LA, 70602

  Registry ID: 110001254623

Statutes cited

• CAA 112C — Hazardous Air Pollutants
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• SOUTHWEST LOUISIANA HOSPITALentered 1994-08-31

  Primary law: CAA

  Federal penalty: $81,500

Timeline (8 milestones)

• 1991-01-15Enforcement Action Data Entered
• 1991-03-28Referred To Headquarters
• 1991-03-29Referred To Dept Of Justice
• 1992-10-05Complaint Filed With Court
• 1994-08-31Final Order Lodged
• 1994-08-31Final Order Entered
• 1994-08-31Concluded
• 1997-01-02Enforcement Action Closed