EPA v. SUNSET DEMOLITION CONTRACTORS INC

Case summary

SUNSET DEMOLITION CONTRACTORS, INC. AND JOSEPH B. ANDERSON (DEFENDANTS) ARE IN THE BUSINESS OF CONTRACTING TO DEMOLISH BUILDINGS. THEY ARE LOCATED IN SEATTLE, WASHINGTON. ON OR BEFORE 02/22/85, DEFENDANTS DEMOLISHED A BUILDING AT THE FORMER CUDAHY PACKING PLANT AT 2203 AIRPORT WAY IN SEATTLE, WA. THE BUILDING CONTAINED FRIABLE ASBESTOS MAT- ERIAL AS DEFINED IN 40CFR/61.141. DEFENDANTS FAILED TO NO- TIFY EPA OR THE PUGET SOUND AIR POLLUTION CONTROL AGENCY (PSAPCA) OF THEIR INTENT TO DEMOLISH THE BUILDING. THIS FAILURE VIOLATED 40CFR/61.146 AND PREVENTED EPA AND PSAPCA FROM HAVING INSPECTORS ON THE SCENE TO ENSURE THAT THE DEMO- LITION PROCEEDED IN ACCORDANCE WITH THE SUBSTANTIVE REQUIRE- MENTS OF 40CFR, PART 61, SUBPART M. ON 05/06/85, EPA ISSUED DEFENDANTS A COMPLIANCE ORDER UNDER SECTION 113(A) OF THE CLEAN AIR ACT (THE ACT), 42USC, SECT. 7412(A). THIS ORDER REQUIRED IMMEDIATE COMPLIANCE WITH THE NATIONAL EMISSION STANDARD FOR ASBESTOS. IT ALSO REQUIRED DEFENDANTS TO SUBMIT A WRITTEN REPORT REGARDING THE DEMOLITION OF THE FORMER CUDAHY PLANT WITHIN 15 DAYS. DEFENDANTS HAVE FAILED TO SUBMIT THIS REPORT. THIS FAILURE VIOLATES SECTIONS 113(A) AND 114 OF THE ACT, 42USC/7413(A), AND 7414. DEFENDANTS HAVE BEEN CITED BY PSAPCA FOR THEIR FAILURE TO NOTIFY OF ASBESTOS DEMOLITION OPERATIONS ON TWO PREVIOUS OCCASIONS. THEY HAVE ALSO BEEN CITED FOR SUBSTANTIVE VIOLA- TIONS OF THE ASBESTOS WORK PRACTICE STANDARDS AS WELL AS NUMEROUS VIOLATIONS OF OTHER AIR POLLUTION REGULATIONS. REGION 10 BELIEVES THAT JUDICIAL ENFORCEMENT IS NECESSARY TO PENALIZE THEIR VIOLATIONS AND TO ENSURE FUTURE COMPLIANCE WITH THE ASBESTOS REGULATIONS.

Defendants (2)

• ANDERSON, JOSEPH B.Named in complaintNamed in settlement
• SUNSET DEMOLITION CONTRACTORS INCNamed in complaintNamed in settlement

Facilities (1)

• SUNSET DEMOLITION CONTRACTORS

  13001 EMPIRE WAY S, SEATTLE, WA, 98178

  Registry ID: 110010647611

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• SUNSET DEMOLITION CONTRACTORS INCentered 1986-03-11

  Primary law: CAA

  Federal penalty: $50,000

Timeline (9 milestones)

• 1985-05-09Enforcement Action Data Entered
• 1985-06-21Referred To Headquarters
• 1985-06-25Referred To Dept Of Justice
• 1985-08-27Referred TO U.S. Attorney
• 1985-08-28Complaint Filed With Court
• 1986-03-11Concluded
• 1986-03-11Final Order Lodged
• 1986-03-11Final Order Entered
• 1987-12-03Enforcement Action Closed