EPA v. JAMESTOWN, CITY OF

Case summary

THIS IS A PROPOSED CIVIL ACTION UNDER SECTION 113(B)OF CAA, AGAINST THE CITY OFJAMESTOWN, NORTH DAKOTA AND J & D ENTERPRISES, INC. TO SEEK A CIVIL PENALTY SETTLEMENT AMOUNT OF APPROXIMATELY $10,000.00 - $15,000.00, TOGETHER WITH IN- JUNCTIVE RELIEF OF ASBESTOS EDUCATION PROGRAMS FOR BOTH DEFENDANTS. DEFENDANTS VIOLATED THE ASBESTOS NESHHAP REGULATIONS, 40 CFR PART 61 SUBPART M, BY FAILING TO ADEQUATELY NOTIFY OF THE NATURE OF THE PLANNED DEMOLITION METHODS, FAILING TO KEEP FRIABLE ASBESTOS MATERIALS WET UNTIL COLLECTED FOR DIS- POSAL, AND DISCHARGING VISIBLE EMISSIONS TO THE OUTSIDE AIR DURING THE COLLECTION OF ASBESTOS CONTAINING MATERIALS. * J & D ENTERPRISES, INC., A DULUTH, MINNESOTA ASBESTOS CONT6RACTOR WAS HIRED BY THE CITY OF JAMESTOWN, N.D. TO REMOVE ASBESTOS AS PART OF DEMOLITION OF AN ABONDONED STEAM GENERATING FACILITY OWNED BY THE CITY.

Defendants (2)

• J & D ENTERPRISES, INC.Named in complaintNamed in settlement
• JAMESTOWN, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• JAMESTOWN, CITY OF STEAM PLANT

  102 3RD AVENUE SE, JAMESTOWN, ND, 58401

  Registry ID: 110049927762

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (2)

• J & D ENTERPRISES, INC.entered 1992-10-29

  Primary law: CAA

• JAMESTOWN, CITY OFentered 1992-07-24

  Primary law: CAA

  Federal penalty: $9,000

Timeline (8 milestones)

• 1989-09-19Enforcement Action Data Entered
• 1989-09-21PRN Sent
• 1991-09-26Referred To Dept Of Justice
• 1992-07-21Complaint Filed With Court
• 1992-10-29Final Order Lodged
• 1992-10-29Final Order Entered
• 1992-10-29Concluded
• 1992-10-29Enforcement Action Closed