EPA v. MOORE DEVELOPMENT COMPANY, INC.

Case summary

SYNOPSIS OF CASE MOORE DEVELOPMENT COMPANY IS A COLORADO CORPORATION THAT OWNS PROPERTY IN A SHOPPING CENTER AT THE NORTHWEST CORNER OF ALAMEDA AVENUE AND SHERIDAN BOULEVARD IN LAKEWOOD, COLO. THE F.E. MURPHY CONSTRUCTION COMPANY MANAGED THE DEMOLI- TION FOR THE MOORE DEVELOPMENT COMPANY. THE WAYNE GOMEZ DEMOLITION & EXCAVATION, INC. WAS HIRED BY MURPHY TO DOTHE ACTUAL DEMOLITION AT THE SITE, WHILE ASBESCO, INC. WAS HIRED BY GOMEZ TO REMOVE AND DISPOSE OF ASBESTOS AT THE SITE. MURPHY CONSTRUCTION COMPANY IS A COLORADO CORPORATION OPERATING PRIMARILY AS AN EXCAVATION CONTRACTOR IN THE DENVER METROPOLITAN AREA. GOMEZ DEMOLITION & EXCAVATION, INC. IS A COLORADO CORPORATION ENGAGED IN THE DEMOLITION AND EXCAVATION BUSINESS IN THE STATE OF COLORADO. ASBESCO, INC. IS A COLORADO CORPORATION ENGAGED IN THE ASBESTOS REMOVAL AND DISPOSAL BUSINESS IN THE DENVER METROPOLITAN AREA. ON APRIL 23, 1985 AS A RESULT OF A COMPLAINT, HARRY COLLIER, AN AIR POLLUTION CONTROL SPECIALIST FOR THE AIR POLLUTION CONTROL DIVISION OF THE COLORADO DEPARTMENT OF HEALTH, CONDUCTED AN INSPECTION OF A DEMOLITION OPERATION IN PROGRESS AT A SHOPPING CENTER ON THE NORTHWEST CORNER OF SHERIDAN BLVD. AND ALAMEDA AVENUE IN LAKEWOOD, COLORADO. MR COLLIER HELD A SUBSEQUENT MEETING AT THE JEFFERSON COUNTY HEALTH DEPARTMENT OFFICE WITH REPRESENTATIVES OF THE CONTRACTORS ENGAGED IN THE DEMOLITION AND DETERMINED THAT THE DEMOLITION WAS OCCURING WITHOUT THE NECESSARY PERMIT FROM THE COLORADO AIR POLLUTION CONTROL DIVISION AS REQUIRED BY COLORADO LAW. MR. COLLIER ALSO TOOK SAMPLES OF SUSPECTED ASBESTOS CONTAINING MATERIALS (CEILING MATERIAL AND TRANSIT BOARD MATERIAL.) SUBSEQUENT LAB ANALYSIS BY CITY AND COUNTY OF DENVER HEALTH DEPARTMENT INDICATED THAT CEILING MATERIALS CONTAINED 5% TO 10% CHRYSOTILE ASBESTOS FIBERS AND THAT THE TRANSIT BOARD MATERIAL CONTAINED 20% TO 30% CHRYSOTILE ASBESTOS FIBRES. MR. COLLIER DETERMINED THAT THE CEILING MATERIAL WAS 'FRIABLE' AND OBSERVED THAT SEVERAL HUNDRED SQUARE FEET OF THE MATERIAL HAD BEEN REMOVED WITHOUT WETTING THE MATERIAL. THE COLORAOD AIR POLLUTION CONTROL DIVISION IS DELEGATED PRIMARY ENFORCEMENT AUTHORITY FOR THE ASBESTOS NESHAP REGULA TIONS. THE DIVISION ISSUED A HOTICE OF VIOLATION TO GOMEZ EXCAVATION AND DEMOLITION INC. ON MAY 2, 1985. THE NOV CONFERENCE, AT WHICH EPA WAS REPRESENTED BY NEIL JACQUAY, WAS HELD ON MAY 15, 1985, AT THE COLORADO DEPARTMENT OF HEALTH. AT THE CONFERENCE, THE DIVISION DETERMINED THAT THE NONCOMPLIANCE PENALTIES WOULD NOT BE APPROPRIATE FOR GOMEZ, ELECTING INSTEAD TO ISSUE A COMPLIANCE ORDER. THE COMPLIANCE ORDER WAS ISSUED ON MAY 22, 1985. EPA REGION VIII, AS A RESULT OF THE DIVISION'S INABILITY TO SEEK A PENALTY, IS REFERRING THE CASE TO THE DEPARTMENT OF JUSTICE FOR APPROPRIATE ENFORCEMENT ACTION IN THE NATURE OF CIVIL PENALTIES AND INJUNCTIVE RELIEF. -- NATURE OF VIOLATION -- THE VIOLATIONS OCCURED DURING THE DEMOLITION OF A SHOP- PING CENTER OWNED BY MOORE DEVELOPMENT COMPANY. EPA INSPECT- ED THE SITE ON 04/16/85. BECAUSE EPA THOUGHT THE DEMOLITION WAS LIMITED TO ONE BUILDING, THAT WAS ALL WE INSPECTED. HOW- EVER, ON APRIL 23, THE COLORADO APCD INSPECTED THE ENTIRE DEMOLITION OPERATION AND FOUND ASBESTOS IN THE CEILING MAT- ERIAL AND TRANSITE. NEITHER AGENCY HAD RECEIVED NOTIFICATION PRIOR TO THIS DEMOLITION, A VIOLATION OF 40CFR/61.146 (NOT- IFICATION REQUIREMENTS). THE INSPECTOR FOUND THE DEMOLITION IN PROGRESS AND SAW DRY, FRIABLE ASBESTOS ON THE GROUND OUT- SIDE TWO OF THE BUILDINGS, IN VIOLATION OF 40CFR/61.147A,C, AND E. ALTHOUGH THE INSPECTOR SAW ONLY A FEW HUNDRED SQUARE FEET OF ASBESTOS, REG-VIII BELIEVES IT CAN SHOW THAT 15000 SQUARE FEET HAD BEEN REMOVED IMPROP

Defendants (3)

• GOMEZ DEMOLITION AND EXCAVATION, INC.Named in complaintNamed in settlement
• MOORE DEVELOPMENT COMPANY, INC.Named in complaintNamed in settlement
• MURPHY CONSTRUCTION COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• MOORE DEVELOPMENT CO INC

  NW CORNER ALAMEDA & SHERIDAN, LAKEWOOD, CO, 80215

  Registry ID: 110010686392

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• MOORE DEVELOPMENT COMPANYentered 1989-02-27

  Primary law: CAA

  Federal penalty: $12,000

Timeline (7 milestones)

• 1985-09-20Referred To Headquarters
• 1985-10-10Referred To Dept Of Justice
• 1986-01-16Complaint Filed With Court
• 1989-02-27Final Order Lodged
• 1989-02-27Final Order Entered
• 1989-02-27Concluded
• 1990-06-13Enforcement Action Closed