EPA v. CALIFORNIA STATE UNIVERSITY

Case summary

THIS CASE INVOLVES THE DEMOLITION OF TWO BUILDINGS AT THE CALIFORNIA STATE UNIVERSITY, SACRAMENTO CAMPUS ( CSUS ). EACH BUILDING HAD AN ESTIMATED FLOOR AREA OF ABOUT 9000 SQUARE FEET, WAS TWO STORIES HIGH, AND HAS SERVED AS THE ANTHROPOLOGY I AND II CLASSROOM BUILDINGS. CSUS OWNED THE BUILDINGS, WHICH WERE DEMOLISHED BY ALLEN L. BENDER, INC. BENDER SUBCONTRACTED THE ASBESTOS REMOVAL PROJECT OUT TO ASBESTOS CONTROL GROUP, INC. DEFENDANTS REMOVED APPROX. 11,000 SQUARE FEET OF ASBESTOS-CONTAINING ROOFING MATERIAL AND 4,000 LINEAR FEET OF ASBESTOS-CONTAINING PIPE INSULATION. IN REMOVING ASBESTOS-CONTAINING MATERIAL FROM ANTHROPOLOGY I AND II, THE DEFENDANTS FAILED TO COMPLY WITH FEDERAL REGULATIONS COVERING ASBESTOS REMOVAL AND DISPOSAL. THESE REGULATIONS, SET FORTH AT 40 C.F.R. PART 61, SUBPART M,ARE KNOWN AS THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAPS) FOR ASBESTOS. DEFENDANTS DISMANTLED PIPES WRAPPING IN ASBESTOS MATERIAL WITHOUT KEEPING THE MATERIAL ADEQUATELY WET IN VIOLATION OF 40 C.F.R. DEFENDANTS FAILED TO ADEQUATELY WET ASBESTOS- CONTAINING ROOFING MATERIAL DURING STRIPPING, AND FAILED TO CAREFULLY LOWER THE MATERIALS, NOT DROPPING OR THROWING THEM, IN VIOLATION OF 40 C.F.R., RESPECTIVELY. DEFENDANTS ALSO DID NOT ENSURE THAT THE ASBESTOS MATERIAL REMOVED WITH THE PIPES REMAINED WET UNTIL COLLECTED FOR DISPOSAL IN ACCORDANCE WITH THE REGULATIONS, IN VIOLATION OF 40 C.F.R. THIS CASE IS THE RESULT OF A COORDINATED INVESTIGATION BY THE SACRAMENTO METROPOLITAN AIR QUALITY MANAGEMENT DISTRICT AND REGION 9. THE U.S. EPA HAS DELEGATED ENFORCEMENT AUTHORITY OF THE NESHAPS REGULATION TO THE DISTRICT, BUT THE DISTRICT HAS TURNED OVER ITS INFORMATION TO EPA, AND IS NOT INTERESTED IN PURSUING AN ACTION BECAUSE THE DISTRICT DOES NOT CONSIDER ROOFING MATERIAL FRIABLE. EPA IS SENDING THIS REPORT TO THE DOJ SO THAT EPA MAY INSTITUTE PRE-REFERRAL SETTLEMENT NEGOTIATIONS WITH THE DEFENDANTS.

Defendants (3)

• ALLEN L. BENDER, INC.Named in complaintNamed in settlement
• ASBESTOS CONTROL GROUPNamed in complaintNamed in settlement
• CALIFORNIA STATE UNIVERSITYNamed in complaintNamed in settlement

Facilities (1)

• CA STATE UNIV SACRAMENTO

  6000 J ST, SACRAMENTO, CA, 95819

  Registry ID: 110002956196

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• CALIFORNIA STATE UNIVERSITYentered 1994-02-10

  Primary law: CAA

  Federal penalty: $35,000

Timeline (8 milestones)

• 1989-04-12Enforcement Action Data Entered
• 1990-03-30PRN Sent
• 1993-03-31Referred To Dept Of Justice
• 1993-12-07Complaint Filed With Court
• 1994-02-10Final Order Lodged
• 1994-02-10Final Order Entered
• 1994-02-10Concluded
• 1996-02-10Enforcement Action Closed