EPA v. ROCKY FORD STORAGE, INC.

Case summary

BETWEEN MAY 1, 1989 AND APRIL 11, 1991, THE ROCKY FORD SUGAR FACTORY WAS DEMOLISHED BY TWO DIFFERENT DEMOLITION OPERATORS. DURING THIS PERIOD, THE PROPERTY CHANGED OWNERSHIP THREE TIMES. THE DEMOLITION WAS SUBSTANTIAL, INVOLVING THE PARTIAL DEMOLITION OF ONE 4 STORY BUILDING AND THE SALVAGE AND REMOVAL OF LARGE PIECES OF SUGAR PROCESSING EQUIPMENT FROM SEVERAL BUILDINGS. THE SALVAGED EQUIPMENT INCLUDED STAINLESS STEEL AND COPPER BOILERS, PIPES, TANKS, AND HOPPERS. MOST, IF NOT ALL, OF THIS EQUIPMENT WAS ORIGINALLY INSULATED WITH ASBESTOS INSULATION COVERED BY A FOIL OR CARDBOARD WRAP. DURING THE DEMOLITION, ASBESTOS INSULATION WAS REMOVED, RESULTING IN VERY LARGE QUANTITIES OF ASBESTOS WASTE. THE AMOUNT OF ASBESTOS INSULATION IN THE RFSF BEFORE DEMOLITION BEGAN WAS ESTIMATED TO BE 105,000 SQUARE FEET; AN ESTIMATED 90 CUBIC YARDS WERE DISPOSED OF BY DECEMBER 1990. THE ROCKY FORD STORAGE, INC. RESPONDENTS VIOLATED NUMEROUS NESHAPS AND CAA REGULATIONS. THE PROPOSED CIVIL PENALTY IS $8,466,000.

Defendants (3)

• ROCKY FORD STORAGE, INC.Named in complaintNamed in settlement
• JIM APODACA .Named in complaintNamed in settlement
• MICHAEL SKORKANamed in complaintNamed in settlement

Facilities (1)

• AMERICAN CRYSTAL SUGAR ROCKY FORD SUGAR

  4TH & CHESTNUT ST, ROCKY FORD, CO, 81067

  Registry ID: 110010692973

Statutes cited

• CAA 113 — Clean Air Act
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• ROCKY FORD STORAGE, INC.entered 1995-04-27

  Primary law: CAA

  Federal penalty: $22,000

Timeline (7 milestones)

• 1992-09-01Enforcement Action Data Entered
• 1992-09-29Referred To Dept Of Justice
• 1994-07-22Complaint Filed With Court
• 1995-04-27Final Order Lodged
• 1995-04-27Final Order Entered
• 1995-04-27Concluded
• 1995-04-27Enforcement Action Closed