EPA v. STEGER-HEIDERSCHEIT CONSTR & STATE OF IA

Case summary

VIOLATION OF REPORTING REQUIREMENTS OF NESHAPS ASBESTOS DEMOLITION REGULATIONS. A. & B. DEFENDANT COMPANY, UNDER CONTRACT TO THE IOWA DEPARTMENT OF TRANSPORTATION (IDOT) IS DEMOLISHING SEVERAL BUILDINGS PRIOR TO HIGHWAY CONSTRUCTION, AT A LOCATION NEAR THE CORNER OF ELM AND EAST 12TH STREET, DUBUQUE, IOWA. THE BUILDINGS WERE CONSTRUCTED AROUND 1912, AND CONTAIN MORE THAN THE REGUALTORY MINIMUM AMOUNT OF ASBESTOS NECESSARY TO ESTABLISH JURISDICTION. MR. POERTE HAMLIN, IOWA DEPARTMENT OF WATER, AIR AND WASTE MANAGEMENT (515-281-8692) NOTIFIED JOANN HEIMAN OF THE REGION VII OFFICE THAT THE DEMOLITION PROJECT WAS ONGOING AND THAT ASBESTOS WAS PRESENT IN THE BUILDINGS. MR. HAMLIN HAD RECEIVED A COMPLAINT FROM BOB WRIGHT (515-270-6961) OF A LABORER'S UNION. MR. WRIGHT WAS COMPLAINING ABOUT THE WORKING CONDITIONS AT THE SITE, INVOLVING TSCHIGGFRIE EXCAVATING, A SUBCONTRACTOR TO STEGER-HEIDERSCHEIT. THEY WERE NOT PROVIDING WORKER PROTECTION FOR THE ASBESTOS PRESENT. EPA WAS NOT ABLE TO CONTACT TSCHIGGFRIE EXCAVATING, BUT DID CONTACT MR. STEGER, AS NOTED BELOW. FOLLOWING OUR INITIAL INSPECTION, MR. STEGER ATTEMPTED TO COMPLY BY PRO- VIDING LATE NOTICE BY LETTER RECIEVED APRIL 9, 1984. THERE ARE 21 BUILDINGS INVOLVED, OF WHICH WE HAD INSPECTED FIVE BUILDINGS. THESE FIVE BUILDINGS CONTAINED FRIABLE ASBESTOS. ANALYSIS OF SAMPLES TAKEN BY THE EPA INSPECTORS REVEALED THAT FOUR OUT OF FIVE OF THE SAMPLES CONTAINED ASBESTOS. ON THE BASIS OF THIS INFORMATION, MR. WOODY KAWATERS AND MR. ROBERT BEENEY OF TRC, ON CONTRACT TO EPA, CONDUCTED TWO ON-SITE INSPECTIONS INCLUDING CONTACT WITH MR. DAVID STEGER OF THE DEFENDANT COMPANY. THE PRESENCE AND AMOUNT OF ASBES- TOS WAS CONFIRMED AND DOCUMENTED. MR. STEGER ADMITTED TO THE INSPECTORS THAT NOTIFICATION HAD NOT BEEN PROVIDED AND HE HAD NO KNOWLEDGE OF THE REGULATIONS. MR. STEGER SAID THE IDOTBIDDING DOCUMENT AND CONTRACT DID NOT COVER THE PRE- SENCE OF ASBESTOS.

Defendants (4)

• HEIDERSCHEIT, LYLE D/B/A STEGER-HEIDERSCNamed in complaintNamed in settlement
• IOWA, STATE OFNamed in complaintNamed in settlement
• STEGER, DAVID M. D/B/A STEGER-HEIDERSCHINamed in complaintNamed in settlement
• STEGER-HEIDERSCHEIT CONSTRUCTIONNamed in complaintNamed in settlement

Facilities (1)

• STEGER HEIDERSCHEIT CONSTRUCTI

  2736 MINERAL ST, DUBUQUE, IA, 52001

  Registry ID: 110010662283

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• STEGER-HEIDERSCHEIT AND IDOTentered 1986-06-26

  Primary law: CAA

  Federal penalty: $26,000

Timeline (8 milestones)

• 1984-10-19Referred To Headquarters
• 1984-11-08Referred To Dept Of Justice
• 1985-01-25Referred TO U.S. Attorney
• 1985-02-07Complaint Filed With Court
• 1986-06-26Final Order Lodged
• 1986-06-26Final Order Entered
• 1986-06-26Concluded
• 1987-06-27Enforcement Action Closed