EPA v. SEIBU RAILWAY COMPANY; MYERS DEVELOPMENT CORP.; MARTIN EXPLO

Case summary

THIS IS A CIVIL ACTION BROUGHT PURSUANT TO SECTION 112 & 133(B) AND 303 OF THE CLEAN AIR ACT, 42 USC 7412, 7413(B) AND 7603. THIS MATTER WAS INITIATED AS AN EMERGENCY TRO UNDER DELEGATION NO. 7-22-D. DIRECT REFERRAL CHECKLISTS ARE NOT CURRENTLY REQUIRED FOR THIS CATEGORY OF REFERRAL. THE U.S. SEEKS TO ENJOIN DEFENDANTS SEIBU RAILWAY CO., LTD., JACK MYERS DEVELOPMENT CORPORATION, AND MARTIN EXPLOSIVES COMPANY, INC. FROM FURTHER VIOLATIONS OF THE NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR ASBESTOS, 40 C.F.R. PART 61, SUBPART M, WHICH ARE VALID REGULATION PROMULGATED UNDER SECTION 112 OF THE ACT, 42 U.S.C. 7412. SEIBU IS AND WAS AT ALL TIMES RELEVANT HEREIN AN OWNER OR OPERATOR OF A DEMOLITION OPERATION AS THOSE TERMS ARE DEFINED IN SECTIONS 111(A) AND 112(A) OF THE ACT, 42 U.S.C. 7411(A) AND 7412(A) AND 40 C.F.R. 61.02 AND 61.141. MYERS IS AND WAS AT ALL TIMES RELEVANT HEREIN AN OWNER OR OPERATOR OF A DEMOLITION OPERATION AS THOSE TERMS ARE DEFINED IN SECTIONS 111(A) AND 112(A) OF THE ACT, 42 U.S.C. 7411(A) AND 7412(A), AND 40 C.F.R. 61.02 AND 61.141. ON OR ABOUT JULY 28, 1986, SEIBU PURCHASED LAND AND STRUC- TURES LOCATED AT ALA MOANA BVLD., HONOLULU, HAWAII. ON OR SOME TIME PRIOR TO JULY 28, 1986, MYERS ENTERED INTO A CONTRACT WITH SEIBU WHICH PROVIDED FOR MYERS TO OVERSEE THE DEMOLITION OF STRUCTURES ON SEIBU'S ALA MOANA BVLD. PROPERTY. ON OR SOME TIME PRIOR TO JULY 28, 1986, SEIBU AND/OR MYERS CONTRACTED WITH MARTIN TO DEMOLISH BOTH A HOSPITAL BUILDING AND OTHER ASSOCIATED STRUCTURES WHICH CONTAINED PIPING AND OTHER FACILITY COMPONENTS COVERED WITH FRIABLE ASBESTOS MATERIAL LOCATED AT SEIBU'S ALA MOANA BVLD. PROPERTY. ON OR ABOUT JULY 28, 1986, MARTIN COMMENCED DEMOLITION ACTIVITIES ON THE HOSPITAL BUILDING AT SEIBU'S ALA MOANA BVLD. PROPERTY. THE AMOUNT OF FRIABLE ASBESTOS MATERIAL IN THE HOSPITAL BUILDING BEING DEMOLISHED ON SEIBU'S ALA MOANA BLVD. PROPERTY IN HONOLULU, HAWAII, WAS AT LEAST 80 LINEAR METERS ON PIPES. DEFENDANTS SEIBU, MYERS, AND MARTIN FAILED TO PROVIDE WRITTEN NOTICE TO THE ADMINISTRATOR OF EPA OF THEIR INTENTION TO DEMOLISH THE HOSPITAL BUILDING LOCATED AT SEIBU'S ALA MOANA BVLD. PROPERTY PRIOR TO COMMENCEMENT OF SUCH DEMOLITION ACTIVITIES IN VIOLATION OF 40 C.F.R. 61.146 AND SECTIONS 112(C) AND 114(A)(1)(B) OF THE ACT, 42 U.S.C. 7412(C) AND 7414(A)(A)(B). ON OR ABOUT JULY 28, 1986, DEFENDANTS COMMENCED DEMOLITION ACTIVITIES WHICH WOULD BREAK UP THE FRIABLE ASBESTOS MATERIAL COVERING PIPES AND OTHER FACILITY COMPONENTS AT THE HOSPITAL BUILDING LOCATED AT SEIBU'S ALA MOANA BVLD. PROPERTY, WITHOUT FIRST REMOVING ALL THE FRIABLE ASBESTOS MATERIAL FROM THE HOSPITAL BUILDING OR ENCASING SUCH ASBESTOS MATERIAL IN CONCRETE OR OTHER SIMILAR MATERIAL, AND DEFENDANTS FAILED TO ADEQUATELY WET THE ASBESTOS MATERIAL WHENEVER EXPOSED DURING DEMOLITION ACTIVITIES IN VIOLATION OF 40 C.F.R. 61.147 AND SECTIONS 112(C) AND 112(E) OF THE ACT, 42 U.S.C. 7412(C) AND 7412(E). DURING STRIPPING OR REMOVAL AND SUBSEQUENT STRIPPING OF THE PIPES AND OTHER FACILITY COMPONENTS COVERED IN FRIABLE ASBESTOS MATERIAL WHICH COMMENCED ON OR ABOUT JULY 28, 1986, AND CONTINUED FOR SOME TIME THEREAFTER, DEFENDANTS FAILED TO ADEQUATELY WET THE FRIABLE ASBESTOS MATERIAL OR PROPERLY HANDLE THE PIPES, OTHER FACILITY COMPONENTS, AND ASBESTOS MATERIAL IN VIOLATION OF 40 C.F.R. 61.147 AND SECTIONS 112(C) AND 112(E) OF THE ACT, 42 U.S.C. 7412(C) AND 7412(E). AFTER STRIPPING OR REMOVAL AND SU

Defendants (2)

• JACK MYERS DEVELOPMENT CORPORATIONNamed in complaintNamed in settlement
• SEIBU RAILWAY COMPANY, LTDNamed in complaintNamed in settlement

Facilities (1)

• SEIBU HAWAII INC

  2200 WAIKIKI TRADE CENTER, HONOLULU, HI, 96815

  Registry ID: 110010676269

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• SEIBU RAILWAY COMPANY; MYERSentered 1988-08-22

  Primary law: CAA

  Federal penalty: $125,000

Timeline (7 milestones)

• 1986-09-25Referred To Dept Of Justice
• 1986-09-25Referred TO U.S. Attorney
• 1986-10-01Complaint Filed With Court
• 1988-08-22Final Order Lodged
• 1988-08-22Final Order Entered
• 1988-08-22Concluded
• 1989-02-21Enforcement Action Closed