EPA v. PAY-N-PAK, INC. AND CITY MARKET, INC.

Case summary

SYNOPSIS OF CASE DAMBA CORPORATION, N.V. (DAMBA) IS A BELGIUM CORPORATION THAT OWNS THE BUILDING LOCATED AT 28 1/3 ROAD AND NORTH AVENUE IN GRAND JUNCTION. THE PROPERTY IS MANAGED FOR DANBA BY KROH BROHTERS DEVELOPMENT COMPANY, INC. AT THE TIME OF THE ALLEGED VIOLATION, THE BUILDING WAS LEASED TO PAY-N-PAK AND CITY MARKET, INC. WITH PAY-N-PAK TO OCCUPY APPROXIMATELY 70,000 SQUARE FEET AND THE REMAINDER OF THE BUILDING TO BE OCCUPIED BY CITY MARKET. PAY-N-PAK IS A WASHINGTON CORPORATION AUTHORIZED TO DO BUSINESS IN COLORADO AND OPERATES A WAREHOUSE TYPE CHAIN OF HARDWARE STORES. CITY MARKET IS A COLORADO CORPORATION AUTHORIZED TO DO BUSINESS IN COLORADO AND OPERATES A CHAIN OF SUPERMARKETS. THE BUILDING AT 28 1/4 ROAD AND NORTH AVENUE ORIGINALLY CONTAINED THE CITY MARKET STORE AS WELL AS A WOOLCO STORE. WHEN WOOLCO CEASED TO DO BUSINESS, THE WOOLCO PORTION OF THE STORE WAS LEASED TO CITY MARKET AND TO PAY-N-PAK. CITY MARKET LEASES ABOUT ONE-THIRD OF THE FORMER WOOLCO STORE THAT ADJOINS ITS EXISTING STORE AND PAY-N-PAK LEASES THE REMAINING TWO-THIRDS. THE WOOLCO STORE HAD A CEMENT MEZZANI NE WHICH EXTENDED THE ENTIRE WIDTH OF THE STORE AND WHICH WAS ABOUT 30 FEET DEEP. THE MEZZANINE WAS SUPPORTED BY STEEL BEAMS. CONDUIT FOR ELECTRICAL WIRING AND WATER PIPES WERE LOCATED UNDER THE MEAZZANINE. THE STEEL BEAMS, PIPES, CONDUIT, AND THE UNDERSIDE OF THE CEMENT MEZZANINE FLOOR HAD BEEN SPRAYED WITH A FRIABLE MATERIAL. (THE MATERIAL WAS ANALYZED BY THE DENVER DEPARTMENT OF HEALTH AND HOSPITALS AND FOUND TO CONTAIN 15% TO 25% CHRYSOTILE ASBESTOS FIBER.) THE SPRAYED-ON MATERIAL ALSO HAD A PHYSICAL STRUCTURE THAT I IS CONSIDERED FRIABLE. NEITHER EPA REGION VIII NOR THE COLORADO HEALTH DEPART- MENT WERE NOTIFIED THAT A RENOVATION INVOLVING ASBESTOS REMOVAL WAS BEING CONDUCTED. NEITHER AGENCY IS AWARE OF THE EXACT DATE ON WHICH THE RENOVATION COMMENCED. BOTH CITY MARKET AND PAY-N-PAK HIRED THEIR OWN CONTRACTORS TO PERFORM THE RENOVATION. MR. SCOTT HODGES, AN INDEPENDENT CONTRACTOR WAS IN CHARGE OF THE PAY-N-PAK RENOVATION AND MR. WARD GARING WAS THE GENERAL CONTRACTOR FOR CITY MARKET. THE CITY MARKET RENOVATION ALSO INVOLVED MR. JACK PERRRIN AS A SUB- CONTRACTOR. THE RENOVATION OF THE CITY MARKET PORTION OF THE FORMER WOOLCO STORE INVOLVED THE REMOVAL OF THE MEZZANINE AND WAS PERFORMED BY THE SUB-CONTRACTOR, JACK PERRIN. THIS PORTION OF THE BUILDING IS APPROXIMATELY 120 FEET WIDE; THEREFORE, THE SECTION OF THE MEZZANINE REMOVED WAS APPROXIMATELY 120 FEET BY 30 FEET. THE ENTIRE UNDERSIDE OF THE MEZZANINE WAS COVERED BY THE SPRAYED-ON ASBESTOS MATERIAL. THUS, THE TOTAL SQUARE FOOTAGE OF ASBESTOS MATERIAL INVOLVED WAS 3,600 SQUARE FEET, PLUS THE ASBESTOS ON THE STRUCTURAL STEEL BEAMS AND THE PIPING AND CONDUIT (IT IS NOT PRACTICAL TO CALCULATE THE SQUARE FOOTAGE OF ASBESTOS MATERIAL ON THE BEAMS, PIPES, AND CONDUIT DUE TO THE SHAPE OF THE OBJECTS). THE MEZZA- NINE IN THE CITY MARKET PORTION OF THE RENOVATION PROJECT WAS KNOCKED DOWN USING A JACKHAMMER. THE DEBRIS FROM THE MEZZANINE, INCLUDING THE ASBESTOS, WAS HANDLED AS GENERAL REFUSE AND DISPOSED OF IN THE MESA COUNTY LANDFILL. AT THE TIME OF THE STATE INSPECTION, THERE WAS FRIABLE ASBESTOS ON THE GROUND OUTSIDE THE BUILDING. THE PAY-N-PAK PORTION OF THE RENOVATION INVLOLVED REMOVAL OF PIPES AND CONDUIT FROM THE MEZZANIANE AREA. THE PIPES AND CONDUIT WERE COATED WITH THE SPRAYED-ON ASBESTOS MATER- IAL. THE EXACT LENGTH OF THE PIPING AND CONDUIT REMOVED IS NOT KNOWN; THE MEZZANINE IN THE PAY-N-PAK PORTION OF THE RENOVATION IS ABOUT 240 FEET LONG. CONSIDERING THE ELECTRI- CAL CONDUIT AS PIPING, THE TOTAL AM

Defendants (7)

• KROH BROTHERS DEVELOPMENT COMPANY, INC.Named in complaintNamed in settlement
• PAY-N-PAKNamed in complaintNamed in settlement
• PERIN, JACKNamed in complaintNamed in settlement
• CITY MARKET, INC.Named in complaintNamed in settlement
• DAMBA CORP. N.V.Named in complaintNamed in settlement
• GARING, WARDNamed in complaintNamed in settlement
• HODGES, SCOTTNamed in complaintNamed in settlement

Facilities (1)

• PAY N PAK & CITY MARKET

  28 1/4 RD & N AVE, GRAND JUNCTION, CO, 81501

  Registry ID: 110010668633

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• DAMBA CORP., PAY-N-PAK, ET AL.entered 1985-09-23

  Primary law: CAA

  Federal penalty: $50,000

Timeline (8 milestones)

• 1984-11-27Referred To Headquarters
• 1984-12-20Referred To Dept Of Justice
• 1985-02-25Referred TO U.S. Attorney
• 1985-03-14Complaint Filed With Court
• 1985-09-23Final Order Lodged
• 1985-09-23Final Order Entered
• 1985-09-23Concluded
• 1985-09-23Enforcement Action Closed