EPA v. MCFARLAND WRECKING CORP/FRYE ART MUSEUM

Case summary

THIS REFERRAL INVOLVES THE FILING OF A CIVIL ACTION TO SEEK PENALTIES AND INJUNCTIVE RELIEF FOR VIOLATIONS OF THE WORK PRACTICE STANDARDS SET FORTH IN THE NATIONAL EMISSIONS STANDARD FOR ASBESTOS, 40 CFR PART 61 SUBPART M, PROMULGATED PURSUANT TO SECTION 112 OF CAA, 42 USC 7412. 1) 201 GALER ST - ON 4/21/86, INSPECTOR FROM THE DEPT OF LABOR AND INDUSTRIES OBSERVED JOHN MCFARLAND SR, PRES OF MCFARLAND WRECKING CORP, STRIPPING PIECES OF ASBESTOS INSULATION FROM A BROKEN PIPE IN AN ALREADY DEMOLISHED SECTION OF OLD QUEEN ANNE HIGH SCHOOL. MCFARLAND HAD BEEN HIRED TO REMOVE ABOUT 3,000 LF OF ASBESTOS FROM PIPE AT THE FACILITY OWNED BY LORING ASSOC/QUEEN ANNE LTD PARTNERSHIP. THE INSPECTOR DID NOT ISSUE ANY DLI CITATIONS AGAINST MCFARLAND BASED ON THIS INSPECTION. 2) 1765 6TH AVE S - DURING 6/3/86 INSPECTION OF A BUILDING OWNED BY FRYE ART MUSEUM, AN INSPECTOR FROM PSAPCA FOUND DRY ASBESTOS IN UNSEALED BAGS AND LOOSE AND DRY ASBESTOS INSULATION IN A CARDBOARD BOX. NOTIFICATION HAD NOT BEEN RECEIVED BY PSAPCA OR EPA FOR THIS ADDRESS PRIOR TO ASBESTOS REMOVAL. JOHN MCFARLAND SR CLAIMED HE HAD NOTIFIED PSAPCA UNDER ADDRESS OF 1701 6TH AVE S. THE PSAPCA INSPECTOR INFORMED HIM THAT THE NOTIFICATION WAS INADEQUATE AS IT DID NOT INCLUDE THE ASBESTOS REMOVAL FROM THE BOILER ROOM, LOCATED AT THE 1765 ADDRESSS AS REQUIRED BY 40 CFR, 61 .146. AS A RESULT OF THIS INSPECTION. PSAPCA ISSUED 5 NOV'S FOR VIOLATION OF REGULATIONS CONCERNING REMOVAL OF ASBESTOS. EPA ISSUED COMPLIANCE ORDERS AND REQUESTS FOR INFORMATION TO FRYE 3/1/876 AND TO MCFARLAND 3/2/87. IN ITS RESPONSE, MCFARLAND INDICATED THAT ABOUT 400 LF OF ASBESTOS WAS REMOVED FROM PIPING AND ABOUT 160 SQ FT OF ASBESTOS WAS REMOVED FROM THE BOILER AREA. 3) 1061 6TH AVE S - ON 3/19/87 A PSAPCA INSPECTOR CONDUCTED A PRE-DEMOLITION INSPECTION OF A BUILDING OWNED BY FRYE ART MUSEUM. DURING THE INSPECTION, SMALL CHUNKS OF ASBESTOS MATERIALS WERE FOUND ON THE BOILER ROOM FLOOR AND OUTSIDE THE BOILER ROOM DOOR. THIS RESULTED IN PSAPCA ISSUING 1 NOV AND EPA ISSUING A SECOND 114 REQUEST FOR INFORMATION TO MCFARLAND WRECKING CORP AND TO FRYE ART MUSEUM.

Defendants (2)

• FRYE ART MUSEUM INCNamed in complaintNamed in settlement
• MCFARLAND WRECKING CORPNamed in complaintNamed in settlement

Facilities (3)

• FRYE ART MUSEUM 1765 6TH AVE

  1765 6TH AVE S, SEATTLE, WA, 98134

  Registry ID: 110010679747

• FRYE ART MUSEUM GALER ST

  201 GALER ST, SEATTLE, WA, 98102

  Registry ID: 110010690699

• FRYE ART MUSUEM 1061 6TH AVE

  1061 6TH AVE S, SEATTLE, WA, 98134

  Registry ID: 110010679738

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• MCFARLAND WRECKING/FRYE MUSEUMentered 1989-08-29

  Primary law: CAA

  Federal penalty: $15,000

Timeline (7 milestones)

• 1986-04-21Enforcement Action Data Entered
• 1987-09-30Referred To Dept Of Justice
• 1988-02-05Complaint Filed With Court
• 1989-08-29Final Order Lodged
• 1989-08-29Final Order Entered
• 1989-08-29Concluded
• 1991-11-12Enforcement Action Closed