EPA v. MONTEREY INVESTMENTS/WILLIAMS, G.

Case summary

ON APRIL 11-12, 1987, DAVID BOWEN, A CARPENTER WITHOUT ASBESTOS TRAINING, REMOVED A TEXTURED CEILING CONTAINING ASBESTOS ON THE FIRST FLOOR OF A COMMERCIAL BUILDING AT 570 PRICE AVENUE IN REDWOOD CITY. THIS REMOVAL VIOLATED THE ASBESTOS NATIONA EMISSION STANDARD FOR HAZARDOUS AIR POLLUTANTS (NESHAP) UNDER SECTION 112 OF THE CLEAN AIR ACT. BOWEN WAS HIRED BY GLENN WILLIAMS, AN INSURANCE AGENT, WHO WAS IN THE PROCESS OF BUYING THE BUILDING FROM MONTEREY INVESTMENTS (MONTEREY). THE GENERAL PARTNER OF MONTEREY, WILLIAM RELLER, HAD APPROVED THE RENOVATION. AT THE TIME OF THE RENOVATION THE BUILDING WAS IN ESCROW. ALL OF THE PARTIES INVOLVED CLAIM THEY DID NOT KNOW THE CEILING CONTAINED ASBESTOS, AND NONE OF THE ASBESTOS NOTIFICATION, WORK PRACTICE OR DISPOSAL REQUIREMENTS WERE FOLLOWED. A TENANT AT 570 PRICE, WILLIAM YOUNG, CALLED THE SAN MATEO COUNTY ENVIORNMENTAL HEALTH DEPARTMENT ABOUT THE RENOVATION ON APRIL 13. THAT AGENCY BEGAN THE INVESTIGATION BUT HAS NOT YET FILED ANY CHARGES. THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT (BAAQMD), THE LOCAL AGENCY RESPONSIBLE FOR ADMINISTERING THE ASBESTOS NESHAP PROGRAM, DID NOT INVESTIGATE. WILLIAMS ARRANGED FOR AN ASBESTOS CONTRACTOR, ABMS, TO CLEAN UP THE SITE ONCE HE WAS INFORMED THAT THE AREA CON- TAINED ASBESTOS. APPARENTLY, RELLER PAID FOR THE CLEAN UP. SINCE NO ASBESTOS REMAINS ON SITE, THIS CASE IS FOR PENAL- TIES ONLY. THE CASE IS COMPLICATED BY INFORMATION THAT TWO OTHER CEILINGS, WHICH MAY HAVE CONTAINED ASBESTOS, WERE SCRAPED IN A SIMILAR WAY. MONTEREY OWNS THE BUILDINGS AT 611 AND 617 VETERANS BOULEVARD IN REDWOOD CITY, PART OF THE SAME BUILDING COMPLEX AS 570 PRICE. BOWEN WAS HIRED TO SCRAPE TEXTURED CEILINGS IN BOTH OF THESE BUILDINGS PRIOR TO THE 570 PRICE OPERATION. AT THIS TIME REGION 9 DOES NOT HAVE ENOUGH INFORMATION REGARDING THESE RENOVATIONS TO MAKE A FURTHER CASE AGAINST MONTEREY.

Defendants (2)

• MONTEREY INVESTMENTSNamed in complaintNamed in settlement
• WILLIAMS, G.Named in complaintNamed in settlement

Facilities (1)

• MONTEREY CORP BLDG INVESTMENT

  570 PRICE AVE, REDWOOD CITY, CA, 94063

  Registry ID: 110010691340

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• MONTEREY INVESTMENTSentered 1990-07-31

  Primary law: CAA

  Federal penalty: $33,000

Timeline (8 milestones)

• 1987-04-16Enforcement Action Data Entered
• 1987-09-30Referred To Dept Of Justice
• 1988-10-19Referred TO U.S. Attorney
• 1988-10-19Complaint Filed With Court
• 1990-07-31Final Order Lodged
• 1990-07-31Final Order Entered
• 1990-07-31Concluded
• 1991-07-31Enforcement Action Closed