EPA v. FOODLAND SUPER MARKET, INC.

Case summary

1460 SOUTH BERETANIA STREET IN HONOLULU, HAWAII IS A ONE-STORY SUPER MARKET CONTAINING 13,542 SQUARE FEET OF FLOOR SPACE. THE FACILITY IS OPERATED BY FOODLAND, SUPER MARKET INC. FOODLAND HIRED H&H BUILDERS TO PARTIALLY RENOVATE THE SUPER MARKET. ONE OF H&H'S JOBS WAS TO REMOVE APPROXIMATELY 8,222 SQUARE FEET OF TILE FLOOR COVERING. DURING THE COURSE OF THE RENOVATION, AN ANONYMOUS COMPLAINANT CALLED THE HAWAII DEPARTMENT OF HEALTH ON JUNE 3, 1991 AND ALLEGED THAT ASBESTOS FLOOR TILES WERE BEING REMOVED IMPROPERLY. DOH INVESTIGATED THE COMPLAINT ON THE SAME DAY AND FOUND EMPLOYEES OF H&H CUTTING THE TILE WITH HAND-HELD SCRAPERS. THE WORKERS WERE ACTUALLY REMOVING THE TOP LAYER OF 12 X12 WHITE TILE FROM AN UNDERNEATH LAYER OF 9 X9 FLOOR TILES OF VARIOUS DARKER COLORS. THE INVESTIGATOR WITNESSED THAT THE CUTTING PRODUCED DEBRIS OF VARIOUS SIZE PIECES AND DUST PARTICLES WHICH SETTLED IN AND AROUND THE SHELVES, THE FLOOR AND THE FOOD STOCK. THE INVESTIGATOR ALSO WITNESSED THE WORKERS SWEEPING THE DEBRIS AND COLLECTING IT UNBAGGED IN PLASTIC BINS INSIDE THE STORE. THE INVESTIGATOR ALSO OBSERVED AN OPEN RUBBISH BIN OUTSIDE THE STORE WHICH CONTAINED DEBRIS. THE STORE REMAINED OPEN DURING THESE OPERATIONS AND GROCERY SHOPPERS WALKED THROUGH THE PILES OF DEBRIS IN THE AISLES. LABORATORY TESTS CONFIRMED THE MATERIAL TO CONTAIN AT A MINIMUM OF 2.25% CHRYSOTILE ASBESTOS.

Defendants (2)

• FOODLAND SUPER MARKET, INC.Named in complaintNamed in settlement
• H&H BUILDERS, INC.Named in complaintNamed in settlement

Facilities (1)

• FOODLAND SUPER MARKET

  1460 S BERETANIA ST, HONOLULU, HI, 96814

  Registry ID: 110010706138

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• FOODLAND SUPER MARKET, INC.entered 1994-01-26

  Primary law: CAA

  Federal penalty: $40,000

Timeline (8 milestones)

• 1991-08-30Enforcement Action Data Entered
• 1991-09-30PRN Sent
• 1992-02-21Referred To Dept Of Justice
• 1992-08-28Complaint Filed With Court
• 1994-01-26Final Order Lodged
• 1994-01-26Final Order Entered
• 1994-01-26Concluded
• 1995-01-26Enforcement Action Closed