EPA v. P. W. STEPHENS CONTRACTORS, INC.

Case summary

THIS LITIGATION REPORT PROPOSES A CIVIL ACTION AGAINST P.W. STEPHENS CONTRACTOR, INC., AN ASBESTOS REMOVAL CONTRACTING COMPANY, FOR INJUNCTIVE RELIEF AND TO RECOVER CIVIL PENALTIES FOR OVER FORTY VIOLATIONS OF THE NATIONAL EMISSION STANDARD FOR HAZARDOUS AIR POLLUTANTS (NESHAP) FOR ASBESTOS, 40 C.F.R. PART 61, SUBPLART M. THE DEFENDANT FAILED TO NOTIFY EPA PRIOR TO REMOVING ASBESTOS FROM RENOVA- TION PROJECTS. EPA ISSUED AN ADMINISTRATIVE ORDER TO P.W. STEPHENS REQUIRING TIMELY NOTIFICATION EFFECTIVE MARCH 24, 1986. THE ORDER REQUIRES THAT A WRITTEN NOTIFICATION FOR EACH ASBESTOS REMOVAL PROJECT BE MADE TO BOTH EPA AND THE LOCAL DELEGATED AGENCY AND POSTMARKED NO LATER THAN THREE DAYS PRIOR TO THE START DATE OF THAT PROJECT. DESPITE THE ORDER, IN THE PAST YEAR THE DEFENDANT HAS RECEIVED NOTICES OF VIOLATION FROM TWO DELEGATED NESHAP AGENCIES FOR LATE NOTIFICATION VIOLATIONS, AND HAS FAILED OVER FORTY TIMES TO NOTIFY EPA IN A TIMELY FASHION. EXPOSURE TO ASBESTOS HAS POTENTIALLY EXTREME ADVERSE HEALTH EFFECTS. PRIOR NOTIFICATION IS REQUIRED SO THAT EPA CAN INSPECT ASBESTOS DEMOLITION AND RENOVATION PROJECTS TO DETERMINE COMPLIANCE WITH THE NESHAP WORKPRACTICE STANDARDS. REGION 9 PROPOSES THE IMMEDIATE FILING OF AN ACTION FOR AN INJUNCTION REQUIRING STEPHENS TO NOTIFY EPA 10 DAYS PRIOR TO ASBESTOS REMOVAL. THE ELPA CIVIL PENALTY POLICY INDICATES AN APPROPRIATE CIVIL PENALTY OF $470,000. HOWEVER, SINCE DISCOVERY WILL BE NECESSARY TO VERIFY HOW MANY NOTIFICATIONS ARE FOR PROJECTS THAT ARE COVERED BY THE NESHAP, REGION 9 CANNOT PRESENTLY RECOMMEND A BOTTOM LINE PENALTY NUMBER.

Defendants (1)

• P. W. STEPHENS CONTRACTORS, INC.Named in complaintNamed in settlement

Facilities (1)

• STEPHENS P W CONTR

  10343 E RUSH ST, SOUTH EL MONTE, CA, 91733

  Registry ID: 110001186243

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• P.W. STEPHENS CONTRACTORS, INCentered 1989-06-16

  Primary law: CAA

  Federal penalty: $125,000

Timeline (7 milestones)

• 1987-03-31Referred To Dept Of Justice
• 1987-05-18Referred TO U.S. Attorney
• 1987-07-16Complaint Filed With Court
• 1989-06-16Concluded
• 1989-06-16Final Order Lodged
• 1989-06-16Final Order Entered
• 1991-03-16Enforcement Action Closed