EPA v. UNIVERSITY OF WASHINGTON - HUSKY STADIUM & DRAMA/TV BLDG

Case summary

THIS REFERRAL INVOLVES THE FILING OF A CIVIL ACTION TO SEEK PENALTIES AND INJUNCTIVE RELIEF FOR VIOLATION OF THE NOTIFICATION AND WORK PRACTICE STANDARDS' REQUIREMENTS SET FORTH IN THE NATIONAL EMISSIONS STANDARD FOR ASBESTOS. AFTER SEVERAL CONTACTS WITH EMPLOYEES OF THE UNIVERSITY OF WASHINGTON IN 7/86, REGARDING NON-NOTIFICATION AND SUBSTAN- TIVE ASBESTOS NESHAPS VIOLATIONS AT SEVERAL BUILDINGS ON CAMPUS, AN INSPECTOR FOR PSAPCA INSPECTED HUSKY STADIUM WHERE SANDBLASTING ACTIVITY WAS BEING DONE TO PREPARE STRUCTURAL MEMBERS IN THE SOUTH STANDS FOR PAINTING. THE OWNER UNIVERSITY HAD CONTRACTED THE WORK TO CLARK CONSTRUC- TION, WHICH IN TURN SUBCONTRACTED TO MONARCH PAINTING. ONE OF THE WORKERS TOLD THE INSPECTOR THERE WAS ASBESTOS ALL OVER THE STANDS AND POINTED TO A BROWN CELLULOSE MATERIAL WHICH WAS MIXED WITH THE BLACK BLASTING GRIT COVERING NUMEROUS ROWS AND EXTENDING THROUGH SEVERAL SECTIONS OF THE STADUIM. SEVERAL SAMPLES TAKEN AT THIS TIME WERE POSITIVE FOR ASBESTOS. THE BLASTING RESULTING IN THE ASBESTOS REMOVAL TOOK PLACE 7/23-25/86. CLEANUP OF THE BLASTING GRIT CONTAMINATED BY THE ASBESTOS COMMENCED ON 7/30/86, WHICH THE UNIVERSITY CONSIDERED COMPLETE ON 8/1/86. SUBSEQUENT INSPECTIONS BY PSAPCA INSPECTOR INDICATED THAT ASBESTOS WAS STILL SCATTERED THROUGHOUT THE STADIUM AND FURTHER DISCUSSIONS RESULTED IN THE USE OF HEPA VAC TRUCKS TO CLEANUP THE MIXED ASBESTOS MATERIALS WITH THE BLASTING GRIT. THE PSAPCA INSPECTOR MONITORED THE CLEANUP PROGRESS AND AGREED THAT CLEANUP WAS EFFECTUATED BY 8/11/86. DURING THAT TIME SHE OBTAINED SAMPLES OF ASBESTOS ON 6 OCCASIONS. BLASTING IN AREAS OTHER THAN WHERE THE ASBESTOS WAS CONTAINED, AND BLOWING DEBRIS OFF STEEL MEMBERS WITH AIR HOSES, OCCURRED THROUGH- OUT THE CLEANUP EFFORTS AND CONTINUED UNTIL 8/86. AS A RESULT THE PSAPCA INSPECTOR FOUND 7 SEPARATE SAMPLES OF ASBESTOS THROUGHOUT THE STADIUM ON 8/15/86, AND 1 SAMPLE OUTSIDE THE STADIUM ON 8/25/86. BASED ON INSPECTOR'S INVESTIGATION AND RESPONSES TO SECTION 114 DEMANDS, ASBESTOS WAS BLASTED FROM THE CORRUGATED METAL SURFACES 7/23-25/86. ABOUT 1,128 SQ FT OF ASBESTOS WAS REMOVED OUT OF A TOTAL OF 9,752 SQ FT. THERE WERE ATTEMPTS TO WET THE ALREADY STRIPPED ASBESTOS BUT THEY WERE NOT ADEQUATE AND DID NOT COVER ALL OF THE AREAS CONTAMINATED BY ASBESTOS. OBVIOUSLY, THE ASBESTOS WAS NOT LOWERED TO A LOWER FLOOR. ADDITIONALLY, NO NOTIFICATION WAS GIVEN FOR THIS REMOVAL PROJECT. RECORDS OBTAINED FROM THE DEFENDANTS INDICATED THAT THE PRESENCE OF ASBESTOS WAS IDENTIFIED IN THE STADIUM PANELS AS EARLY AS 2/3/86, AND THAT BID DOCUMENTS ISSUED 5/8/86, IDENTIFIED THE PRESENCE OF ASBESTOS, REQUIRED THAT THE ASBESTOS BE PROTECTED DURING WORK, AND FURTHER REQUIRED THAT IF THE ASBESTOS WAS NOT PROTECTED, THEN THE ENTIRE PROJECT AS IT RELATED TO THE ASBESTOS HAD TO BE TREATED AS AN ASBESTOS REMOVAL PROJECT. SAMPLES TAKEN BY THE UNIVER- SITY ON 5/9/86 INDICATED THAT THE ASBESTOS WAS 30-60% CHRYSOTILE. AS A RESULT OF THE ASBESTOS PROJECTS OCCURRING AT THE UNIVERSITY DURING THE EARLY PART OF 7/86, EPA ISSUED ITS FIRST SECTION 114 DEMAND TO THE UNIVERSITY AND ITS CONTRACT- TOR METALCLAD AND AN ORDER PURSUANT TO SECTION 113(A) ON 7/29/86.

Defendants (4)

• WASHINGTON, STATE OFNamed in complaintNamed in settlement
• BODILY, G BRETT DBA MONARCH PAINTING CONamed in complaintNamed in settlement
• UNIVERSITY OF WASHINGTONNamed in complaintNamed in settlement
• W G CLARK CONSTRUCTION CONamed in complaintNamed in settlement

Facilities (4)

• U OF W HUSKY STADIUM

  UNIVERSITY OF WA CAMPUS, SEATTLE, WA, 98105

  Registry ID: 110001916400

• U OF W DRAMA TV B

  UNIVERSITY OF WA CAMPUS, SEATTLE, WA, 98195

  Registry ID: 110001916400

• U OF W HUSKY STADIUM

  UNIVERSITY OF WA CAMPUS, SEATTLE, WA, 98105

  Registry ID: 110001916400

• U OF W DRAMA TV B

  UNIVERSITY OF WA CAMPUS, SEATTLE, WA, 98195

  Registry ID: 110001916400

Statutes cited

• CAA CAA — Clean Air Act

Enforcement conclusions (2)

• UNIVERSITY OF WASHINGTON/ET ALentered 1988-08-02

  Primary law: CAA

  Federal penalty: $1

• UNIVERSITY OF WA/BODILYentered 1989-03-27

  Primary law: CAA

Timeline (7 milestones)

• 1986-10-27Enforcement Action Data Entered
• 1987-09-30Referred To Dept Of Justice
• 1988-05-02Complaint Filed With Court
• 1989-03-27Final Order Lodged
• 1989-03-27Final Order Entered
• 1989-03-27Concluded
• 1992-04-01Enforcement Action Closed