EPA v. CENTRAL ABATEMENT CO., INC.

Case summary

CENTRAL ABATEMENT CO., INC. OPERATED AN ASBESTOS ABATEMENT COMPANY BASED IN ARDMORE, PENNSYLVANIA WHICH CONTRACTED AND PERFORMED ASBESTOS REMOVAL ACTIVITIES AT THE OLD VETERANS ADMINISTRATION HOSPITAL FACILITY IN HOUSTON, TEXAS. THE FACILITY CONSISTED OF SEVERAL BUILDINGS WHICH WERE TO BE DEMOLISHED AFTER ASBESTOS REMOVAL WAS COMPLETED. BOTH THE ASBESTOS REMOVAL AND THE REMAINING DEMOLITION HAVE SINCE BEEN COMPLETED. * REGION 6 EPA SENT INSPECTORS TO THE ASBESTOS REMOVAL ACTIVITIES AT THE HOSPITAL FACILITY ON 8/21/91. THEY FOUND: 1. FAILURE TO WET ASBESTOS DURING REMOVAL UNTIL CONTAINED IN LEAK-TIGHT CONTAINERS AS REQUIRED BY 40 CFR 61.145(C), AND A RELEASE OF VISIBLE ASBESTOS CONTAINING EMISSIONS TO THE OUTSIDE AIR IN VIOLATION OF 40 CFR 61.150(A). EPA FILED AN ADMINISTRATIVE COMPLAINT UNDER SECTION 113(D) OF THE ACT ON 5/20/92 CITING CENTRAL FOR VIOLATIONS OF THE ASBESTOS NESHAP WORK PRACTICE STANDARDS, AND SEEKING CIVIL PENALTIES OF $33,000. * EPA WAS UNAWARE WHEN IT FILED ITS COMPLAINT THAT CENTRAL HAD ALREADY FILED FOR CHAPTER 7 BANKRUPTCY PROTECTION IN THE EASTERN DISTRICT OF PENNSYLVANIA ON 4/13/92. ON 6/2/92 ATTORNEYS FOR CENTRAL SENT REGION 6 A SUGGESTION OF BANKRUPTCY TO ASSERT THE AUTOMATIC STAY PROVISIONS OF 11 USC 362(A) TO STAY FURTHER ACTION IN EPA'S ADMINISTRATIVE PROCEEDING TO ESTABLISH LIABILIITY IN OR COLLECT DEBTS FROM THE DEBTOR, CENTRAL. CENTERAL DID NOT FILE AN ANSWER TO THE COMPLAINT, OR TO THE SUBSEQUENT FIRST AMENDED COMPLAINT TO INCLUDE OTHER PARTIES. * EPA REQUESTED THAT DOJ ACT ON EPA'S BEHALF TO FILE PLEADINGS SHOWING THAT THE AUTOMATIC STAY PROVISIONS OF 11 USC 362(A) DO NOT APPLY IN THIS CASE, AND TO ASSERT EPA'S CLAIM AGAINST THE DEBTOR'S ESTATE FOR RECOVERY OF THE CIVIL PENALTY.

Defendants (3)

• CENTRAL ABATEMENT CO., INC.Named in complaint
• OLSHAN DEMOLISHING CO.,INC.Named in complaint
• CENTEX-BATESON CONST. CO. INC.Named in complaint

Facilities (1)

• VETERIANS ADMINISTRATION HOSPITAL

  2002 HOLCOMB BLVD., HOUSTON, TX, 77053

  Registry ID: 110035071686

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: CAA

Timeline (7 milestones)

• 1992-04-07Enforcement Action Data Entered
• 1992-08-10Referred To Dept Of Justice
• 1994-09-19Final Order Lodged
• 1994-09-19Final Order Entered
• 1994-09-19Complaint Filed With Court
• 1994-09-19Concluded
• 1994-09-19Enforcement Action Closed