EPA v. CLEVELAND WRECKING CO.

Case summary

NATURE OF CASE THIS IS A CIVIL ACTION AGAINST A DEMOLITION COMPANY AND THE OWNER OF A COPPER SMELTER IN THE STATE OF MONTANA. THE ACTION IS PURSUANT TO SECTION 113(B) OF THE CLEAN AIR ACT, 42 U.S.C. SECTION 7413(B), AND SEEKS PENALTIES AND INJUNCTIVE RELIEF FOR FAILURE TO COMPLY WITH PROVISIONS OF THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP) FOR ASBESTOS, 40 C.F.R. SUBPART M, SECTION 61.140 ET SEQ., DURING THE DEMOLITION OF THE ANACONDA COPPER SMELTER IN ANACONDA, MONTANA. CAUSE OF ACTION THIS ACTION ALLEGES THAT THE DEFENDANT CLEVELAND WRECKING COMPANY(CLEVELAND WRECKING) REMOVED ASBESTOS FROM SEVERAL STRUCTURES AT THE ANACONDA COPPER SMELTER WITHOUT ADEQUATE WETTING AND WITHOUT PROPER DISPOSAL OF ASBESTOS WASTE. THE SMELTER CONTAINED MORE THAN 160 SQUARE FEET OF FRIABLE ASBESTOS MATERIAL, AS SPECIFIED IN 40 C.F.R., SUBPART M, SECTION 61.1 45(A). THE ACTION ALLEGES THAT THE WORK PRACTICES REQUIRE- MENTS OF THE NESHAP REGULATIONS ARE THEREFORE APPLICABLE TO THE DEMOLITION AND THAT DEFENDANT CLEVELAND WRECKING, AND DEFENDANT ATLANTIC RICHFIELD COMPANY AS OWNER OF THE SMELTER, FAILED TO COMPLY WITH THE EMISSION CONTROL REQUIREMENTS SPECIFIED IN 40 C.F.R. SECTIONS 61.147 AND 61.152. THE DEMOLITION BEGAN IN 1983 AND WAS COMPLETED IN LATE 1985. THE VIOLATIONS OCCURRED IN 1984 AND 1985. PROPOSED REMEDY THE AGENCY SEEKS CIVIL PENALTIES IN THE AMOUNT OF $150,000 AGAINST BOTH DEFENDANTS FOR THE VIOLATIONS UPON WHICH THIS ACTION IS BASED. AT PRESENT THE UNITED STATES HAS REACHED AN AGREEMENT IN PRINCIPLE WITH CLEVELAND WRECKING FOR PAYMENT OF $140,000 IN PENALTIES AND REVISION OF THE CONSENT DECREE IN NEW YORK, RESOLVING EARLIER VIOLATIONS BY THE COMPANY. THE PROPOSED CONSENT DECREE WILL RESOLVE A PENDING PENALTY ACTION AGAINST CLEVELAND WRECKING IN REGION III, FOR ABESTOS NESHAP VIOLATIONS AT THE AMERICAN UNIVERSITY, AS WELL. NO PENALTY WILL BE COLLECTED FROM ATLANTIC RICHFIELD. ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE THIS CASE HAS NATIONAL SIGNIFICANCE FOR SEVERAL REASONS: THE DEFENDANT CLEVELAND WRECKING IS A NATION-WIDE DEMOLITION CONTRACTOR AND HAS VIOLATED SIMILAR ASBESTOS REGULATIONS IN THE PAST IN NEW YORK(REGION II); THE ANACONDA COPPER SMELTER HAS BEEN DECLARED A SUPERFUND SITE BECAUSE OF CON- TAMINATION BY ARSENIC AND OTHER HEAVY METALS; AND OVER 50,000 SQUARE FEET OF FRIABLE ASBESTOS MATERIAL WERE INVOLVED IN THE DOCUMENTED VIOLATIONS.

Defendants (2)

• ATLANTIC RICHFIELD COMPANYNamed in complaintNamed in settlement
• CLEVELAND WRECKING COMPANYNamed in complaintNamed in settlement

Facilities (1)

• ANACONDA SMELTER SITE

  N 46 07.7 W112 53.9, ANACONDA, MT, 59711

  Registry ID: 110010597238

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• CLEVELAND WRECKING CO.entered 1989-01-19

  Primary law: CAA

  Federal penalty: $140,000

Timeline (8 milestones)

• 1985-06-27Referred To Headquarters
• 1985-07-16Referred To Dept Of Justice
• 1986-09-05Referred TO U.S. Attorney
• 1986-09-09Complaint Filed With Court
• 1989-01-19Concluded
• 1989-01-19Final Order Entered
• 1989-01-19Final Order Lodged
• 1989-03-10Enforcement Action Closed