EPA v. ASSOCIATION OF APARTMENT OWNERS OF HARBOR LIGHTS, LTD.

Case summary

THE HARBOR LIGHTS CONDOMINIUMS ( THE FACILITY ), LOCATED IN KAHULUI, MAUI, IS A FOUR BUILDING COMPLEX WITH A TOTAL OF 351 UNITS. ON SEPTEMBER 25, 1990, A RESIDENT OF THE FACILITY FILED A COMPLAINT WITH THE HAWAII DEPARTMENT OF HEALTH, CLEAN AIR BRANCH, CONCERNING THE REMOVAL OF CEILING MATERIAL FROM THE HALLWAYS AT THE FACILITY. SUBSEQUENT INSPECTION OF THE FACILITY BY THE HDOH FOR VIOLATIONS OF THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS ( NESHAP ) FOR ASBESTOS, 40 C.F.R. PART 61, SUBPART M, REVEALED THAT AT LEAST 607 SQUARE FEET OF FRIABLE ASBESTOS-CONTAINING CEILING MATERIAL HAD BEEN REMOVED BY IN-HOUSE MAINTENANCE WORKERS. THE ASSOCIATION OF APARTMENT OWNERS OF HARBOR LIGHTS, LTD. ( DEFENDANT ) FAILED TO GIVE NOTICE OF THIS REMOVAL TO EPA OR THE STATE OF HAWAII. THIS FAILURE IS A VIOLATION OF 40 C.F.R. 61.146. THE INSPECTION FURTHER REVEALED THAT ASBESTOS DEBRIS HAD NOT BEEN KEPT WET UNTIL COLLECTED FOR DISPOSAL AND THAT SOME OF THE DEBRIS HAD BEEN LEFT BEHIND AFTER THE REMOVAL. THESE REMOVAL PRACTICES ARE VIOLATIOONS OF 40 C.F.R. 61.147(E) AND 61.152(A).

Defendants (1)

• ASSOC. OF APT. OWNERS OF HARBOR LIGHTS,Named in complaintNamed in settlement

Facilities (1)

• ASSOCIATION OF APT OWNERS HBR LGHTS LTD

  111 KAHULUI BEACH RD A 111, KAHULUI, HI, 96732

  Registry ID: 110010706129

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• ASSOCIATION OF APARTMENT OWNERentered 1994-07-25

  Primary law: CAA

  Federal penalty: $40,000

Timeline (8 milestones)

• 1991-09-13Enforcement Action Data Entered
• 1991-09-13PRN Sent
• 1993-09-30Referred To Dept Of Justice
• 1994-04-25Complaint Filed With Court
• 1994-07-25Final Order Lodged
• 1994-07-25Final Order Entered
• 1994-07-25Concluded
• 1995-07-25Enforcement Action Closed