EPA v. DENVER HEALTH GROUP AND KENNETH L. BRADBURN D/B/A BRADBURN W

Case summary

BRADBURN WRECKING COMPANY CONTRACTED WITH DENVER HEALTH GROUP, OWNER OF THE COL. MARSH M. MURDOCK ELEMENTARY SCHOOL (BUILDING WAS VACANT AND NOT FUNCTIONING AS A SCHOOL) TO DEMOLISH THE BUILDINGS NEITHER BRADBURN WRECKING OR DENVER HEALTH GROUP SUBMITTED NOTIFICATION FOR THE DEMOLITION OF THE BUILDINGS PRIOR TO COMMENCEMENT OF DEMOLITION. ON MARCH 8, 1989, INSPECTORS FROM THE KANSAS DEPT. OF HEALTH AND ENVIRONMENT (KDHE) DISCOVERED ASBESTOS DEBRIS THROUGHT THE HALLWAYS, PIPE, SHASES, ON THE BOILER AND BOILER ROOM FLOOR. SAMPLES TAKEN BY THE INSPECTORS REVEALED THAT THE MATERIALS CONTAINED GREATER THAN 1% ASBESTOS. THE KDHE FILED SUIT AGAINST BRADBURN WRECKING CO. AND COLLECTED $4,000.00 FOR VIOLATIONS OF THE STATE REGULATIONS (KANSAS IS NOT A DELEGATED STATE FOR ASBESTOS NESHAP ENFORCEMENT ACTIONS). VIOLATIONS OF NESHAP FOR ASBESTOS INCLUDE: 1. FAILURE TO NOTIFY THE ADMINISTRATOR 10 DAYS BEFORE DEMOLITION BEGINS (40 CFR SECTION 61.146(A)(1); 2. FAILURE TO REMOVE FRIABLE ASBESTOS MATERIALS BEFORE ANY WRECKING OR DISMANTLING THAT WOULD BREAD UP THE MATERIAL (40 CFR SECTION 61.147(A)); 3. FAILURE TO ADEQUATELY WET ANY FRIABLE ASBESTOS MATERIALS EXPOSED DURING CUTTING OR DISJOINTING OPERATIONS (40 CFR SECTION 61.147(B)(1); 4. FAILURE TO ENSURE THAT ASBESTOS-CONTAINING MATERIALS REMAIN WET UNTIL THEY ARE COLLECTED FOR DISPOSAL (40 CFR SECTION 147(D)).

Defendants (2)

• BRADBURN, KENNETH L. D/B/A BRADBURN WRECNamed in complaintNamed in settlement
• DENVER HEALTH GROUPNamed in complaintNamed in settlement

Facilities (1)

• MURDOCK COL MARSH M ELEMENTARY

  670 N EDGEMOOR, WICHITA, KS, 67208

  Registry ID: 110010694711

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• DENVER HEALTH GROUP AND KENNETH L. BRADBURN D/B/Aentered 1994-08-17

  Primary law: CAA

  Federal penalty: $19,208

Timeline (8 milestones)

• 1988-05-31Enforcement Action Data Entered
• 1990-09-24PRN Sent
• 1991-06-03Referred To Dept Of Justice
• 1991-09-11Complaint Filed With Court
• 1994-08-17Concluded
• 1994-08-17Final Order Lodged
• 1994-08-17Final Order Entered
• 1994-09-30Enforcement Action Closed