EPA v. ZEMCO BUILDERS

Case summary

THIS REFERRAL SEEKS CIVIL PENALTIES FOR VIOLATIONS OF THE NATIONAL EMISSION STANDARD FOR ASBESTOS (NESHAPS), 40 CFR, PART 61 PROMULGATED PURSUANT TO SECTION 112 OF CAA. FRIABLE ASBESTOS MATERIALS WERE DEMOLISHED AND REMOVED FROM WILLARD HALL, WITHOUT PRIOR SUBMISSION TO EPA OF WRITTEN NOTICE OF INTENTION TO DEMOLISH, AS REQUIRED BY 40 CFR, 61.146. IN ADDITION, THE FRIABLE ASBESTOS MATERIALS WERE NOT ADEQUATELY WETTED, AS REQUIRED BY 40 CFR, 61.147. FINALLY, VIABLE EMISSIONS WERE DISCHARGED TO THE OUTSIDE AIR DURING COLLECTION, AND PROPER DISPOSAL METHODS WERE NOT USED, IN VIOLATION OF 40 CFR, 61.152. THESE VIOLATIONS OF SECTION 112 OF CAA SUBJECT THE VIOLATORS TO CIVIL PENALTIES UNDER 113(B) OF CAA. ON 2/11/86, AN ONGOING DELMOLITION AND REMOVAL PROJECT WAS REPORTED TO THE IDAHO OPS OFFICE OF EPA. THE PROJECT INVOLVED A BUILDING CALLED 'WILLARD HALL' LOCATED IN NAMPA, ID. EPA INSPECTORS VISITED THE PROJECT 2/11/86 AND 2/13/86, AND BASED ON SAMPLING, PHOTOGRAPHS, OBSERVATIONS AND MEASUREMENTS TAKEN AT THAT TIME, IT HAS BEEN DETERMINED THAT OVER 300 LINEAR FEET OF PIPE INSULATION CONTAINING ASBESTOS HAD BEEN REMOVED FROM WILLARD HALL WITHOUT BEING PROPERLY WETTED, BAGGED, OR PACKAGED. IN ADDITION, NO NOTIFICATION HAD BEEN RECEIVED BY EPA PRIOR TO THE START-UP OF THE PROJECT. AFTER EPA INSPECTORS INFORMED THE PROJECT OPERATOR OF THE HAZARDOUS CONDITIONS, AN ASBESTOS ABATEMENT CONTRACTOR WAS HIRED TO PERFORM THE PROPER REMOVAL AND DISPOSAL OF THE ASBESTOS WASTE (PIPE INSULATION).

Defendants (2)

• HANSON, TERRYNamed in complaintNamed in settlement
• ZEMLICKA, JAMES DBA ZEMCO BUILDERSNamed in complaintNamed in settlement

Facilities (1)

• ZEMCO BUILDERS WILLARD HALL

  801 17TH AVE S, NAMPA, ID, 83651

  Registry ID: 110010690751

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• ZEMCO BUILDERSentered 1987-11-04

  Primary law: CAA

  Federal penalty: $12,000

Timeline (7 milestones)

• 1986-06-06Enforcement Action Data Entered
• 1986-09-30Referred To Dept Of Justice
• 1987-03-19Complaint Filed With Court
• 1987-11-04Final Order Lodged
• 1987-11-04Final Order Entered
• 1987-11-04Concluded
• 1990-07-09Enforcement Action Closed