EPA v. SOUTHGLEN MALL

Case summary

THE VIOLATIONS UPON WHICH THE ACTION IS BASED. FAILURE TO NOTIFY STATE AND EPA OF RENOVATION PROJECT, FAILURE TO FOLLOW PROPER WORK PRACTICES, AND FAILURE TO PROPERLY DISPOSE OF ASBESTOS-CONTAINING MATERIALS. * THE PROPOSED RELIEF TO BE SOUGHT, INCLUDING INJUNCTION, AND PROPOSED AMOUNT OF PENALTY TO BE SOUGHT AT SETTLE- MENT, IF APPLICABLE. WE ARE REQUESTING A CIVIL PENALTY SETTLEMENT AMOUNT OF $340,004, ALONG WITH INJUNTIVE RELIEF ORDERING THAT THE REMAINING FRIABLE ASBESTOS CONTAINING MATERIAL BE REMOVED AND DISPOSED OF IN ACCORDANCE WITH THE REGULATIONS AT 40 CFR 61.140 ET SEQ. * SIGNIFICANT NATIONAL OR PRECEDENTIAL LEGAL OR FACTUAL ISSUES. SOUTHGLENN MALL IS THE FIRST SHOPPING MALL IN THE COUNTRY TO BE SHUT DOWN FOR ASBESTOS CONTAMINATION. THE CLOSURE OCCURRED PURSUANT TO STATE ORDER. * ANY OTHER ASPECT OF THE CASE WHICH IS SIGNIFICANT OR SHOULD BE HIGHLIGHTED, INCLUDING ANY EXTRAORDINARY RESOURCE DEMANDS WHICH THE CASE MAY REQUIRE. THE NESHAP VIOLATIONS OCCURRED IN A LARGE PUBLIC SHOPPING MALL WITH ATTENDANT EARLY PUBLIC EXPOSURE TO FRIABLE ASBESTOS-CONTAINING MATERIAL. THERFORE, THE RISK TO PUBLIC HEALTH IN THIS CASE IS EXTRAORDINARY.

Defendants (3)

• AL COHEN CONSTRUCTION CO. (INC.)Named in complaintNamed in settlement
• MACERICH MANAGEMENT COMPANYNamed in complaintNamed in settlement
• RREEF FUNDS USA - III (OWNER OF MALL)Named in complaintNamed in settlement

Facilities (1)

• SOUTHGLENN MALL

  6911 SOUTH UNIVERSITY, LITTLETON, CO, 80120

  Registry ID: 110010669614

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• RREEF USA FUND-III/SOUTHGLENNentered 1991-10-15

  Primary law: CAA

  Federal penalty: $150,000

Timeline (8 milestones)

• 1987-09-17Referred To Dept Of Justice
• 1988-07-14Returned To Region
• 1989-08-29Rereferred
• 1990-05-09Complaint Filed With Court
• 1991-10-15Final Order Lodged
• 1991-10-15Final Order Entered
• 1991-10-15Concluded
• 1991-10-15Enforcement Action Closed