EPA v. BEN'S TRUCK & EQUIP., P & M CEDAR PRODS.

Case summary

THE LITIGATION INVOLVES A CIVIL ACTION AGAINST AN AS- BESTOS REMOVAL CONTRACTOR, BEN'S TRUCK AND EQUIPMENT INC., AND AGAINST P & M CEDAR PRODUCTS, INC., THE OWNER OF THE SITE WHERE AN ASBESTOS REMOVAL OPERATION HAS BEEN PERFORMED THE DEMOLITION AND OPERATION BEGAN, WITHOUT PRIOR NOTI- FICATION, APPROXIMATELY ONE AND ONE HALF YEARS AGO. EPA DID NOT DISCOVER THE ASBESTOS REMOVAL OPERATION UNTIL JULY 25, 1984. ASBESTOS CONTAINING MATERIALS HAD BEEN LEFT ON AN APPROXIMATELY TWO ACRE AREA WHERE ASBESTOS HAD BEEN STRIPPED FROM A BOILER AND PIPES THAT HAD BEEN REMOVED FROM THE OLD BOILER ROOM OF AN ABANDONED LUMBER MILL. THE DEFENDANTS HAVE VIOLATED APPLICABLE REQUIREMENTS REGARDING PRIOR NOTIFICATION TO EPA OF AN ASBESTOS DEMOLI- TION AND REMOVAL OPERATION, REQUIREMENTS REGARDING THE PRO- CEDURES FOR EMISSION CONTROL WHILE CONDUCTING DEMOLITION OPS AND REQUIREMENTS FOR WASTE DISPOSAL FOR DEMOL. OPERATIONS. THIS REFERRAL IS BASED ON INSPECTIONS CONDUCTED ON JULY 26 AND 30TH, 1984 BY THE SISKIYOU COUNTY AIR POLLUTION CON- TROL DISTRICT (SCAPCD). A FOLLOWUP INSPECTION WAS CONDUCTED BY NEIC ON NOVEMBER 1, 1984 TO DETERMINE WHETHER AN IMMINENT ENDANGERMENT EXISTS FROM THE OPERATION AND THUS, WHETHER AN IMMEDIATE ACTION TO RESTRAIN THE OPERATION PURSUANT TO SECT. 303 OF THE CLEAN AIR ACT SHOULD BE INITIATED. A PRELIMINARY SUMMARY OF THAT INSPECTION INDICATES THAT THE SITE HAS BEEN CLEANED UP, LEVELED AND GRADED, THEREFORE, A SECT. 303 AC- TION IS NOT WARRANTED AT THIS TIME. A FULL REPORT OF THE NOVEMBER 1, INSPECTION AND THE RESULTS OF ANALYSES OF SOIL SAMPLES TAKEN FROM THE SITE ARE FORTHCOMING. REGION IX PROPOSED THE IMMEDIATE FILING OF AN ACTION FOR INJUNCTIVE RELIEF AND A CIVIL PENALTY OF $25,000 PER DAY OF VIOLATION.

Defendants (2)

• BEN'S TRUCK & EQUIPMENT INC.Named in complaintNamed in settlement
• P & M CEDAR PRODUCTS INC.Named in complaintNamed in settlement

Facilities (2)

• P & M CEDAR PRODUCTS INCORPORATED

  1 MILL RD AND N ST, MCCLOUD, CA, 96057

  Registry ID: 110010691251

• BENS TRUCK & EQUIPMENT INC

  2060 MONTGOMERY RD, RED BLUFF, CA, 96080

  Registry ID: 110002650364

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• BEN'S TRUCK & EQUIP., P & Mentered 1985-11-25

  Primary law: CAA

  Federal penalty: $45,200

Timeline (9 milestones)

• 1984-07-25Enforcement Action Data Entered
• 1984-09-28Referred To Headquarters
• 1984-10-30Referred To Dept Of Justice
• 1984-12-14Referred TO U.S. Attorney
• 1984-12-20Complaint Filed With Court
• 1985-11-25Final Order Lodged
• 1985-11-25Final Order Entered
• 1985-11-25Concluded
• 1987-11-26Enforcement Action Closed