EPA v. MERRILL BROWN

Case summary

THE FACILITY IS A FORMER WINERY CURRENTLY OWNED BY DEFENDANT, DIVIDEND DEVELOPMENT CORPORATION AND OWNED BY DIVIDEND AT THE TIME THE VIOLATIONS OCCURRED. DURING THE WEEKEND OF JULY 30, 1988, ELEVEN WINE VATS, FOUR OF WHICH WITH ASBESTOS ATTACHED TO THEIR BOTTOMS AND UNDERLYING PADS, WERE AIR LIFTED BY HELICOPTER FROM THE FACILITY, RESULTING IN DEPOSITION OF ASBESTOS DEBRIS IN THE SURROUNDING NEIGHBORHOOD. THIS ACTIVITY WAS CONDUCTED WITHOUT PRIOR NOTICE TO EPA OR THE STATE AND IN VIOLATION OF THE WORK PRACTICE PROCEDURES SET FORTH IN 40 C.F.R. PART 61.

Defendants (4)

• DIVIDEND DEVELOPMENT CORPORATIONNamed in complaintNamed in settlement
• ERICKSON AIR CRANE COMPANYNamed in complaintNamed in settlement
• GREEN'S RECYCLINGNamed in complaint
• MERRILL BROWNNamed in complaintNamed in settlement

Facilities (1)

• DIVIDEND DEVELOPMENT CORP

  1530 BLOSSOM HILL RD, SAN JOSE, CA, 95118

  Registry ID: 110010676205

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (3)

• MERRILL BROWN (ERICKSON)entered 1992-01-23

  Primary law: CAA

• MERRILL BROWN (MERRILL BROWN)entered 1992-01-23

  Primary law: CAA

  Federal penalty: $57,500

• MERRILL BROWN (DIVIDEND)entered 1992-01-23

  Primary law: CAA

Timeline (7 milestones)

• 1989-04-17Enforcement Action Data Entered
• 1989-06-30Referred To Dept Of Justice
• 1989-08-22Complaint Filed With Court
• 1992-01-23Final Order Lodged
• 1992-01-23Final Order Entered
• 1992-01-23Concluded
• 1996-10-01Enforcement Action Closed