EPA v. WICK CONSTRUCTION CO

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 NESHAPS, 40 CFR, 61(M), PROMULGATED PURSUANT TO SECTION 112 OF CAA, 42 USC, 7412. THE VIOLATIONS OF EMISSION CONTROL, WORK PRACTICES, AND DISPOSAL STANDARDS THROUGH THE DISCHARGE OF VISIBLE EMISSIONS INTO OUTSIDE AIR, INADEQUATE WETTING PRIOR TO REMOVAL, AND FAILURE TO USE PROPER DISPOSAL METHOD, FAILURE TO STRIP ASBESTOS PRIOR TO REMOVAL OF FACILITY COMPONENTS. THE COMPLAINT WILL SEEK CIVIL PENALTIES BASED ON 6 DAYS OF VIOLATIONS. A PRELIMINARY SETTLEMENT FIGURE IN THE $70,000 TO $90,000 RANGE IS RECOMMENDED. THIS FIGURE SHOULD INCLUDE AN ECONOMIC BENEFIT COMPONENT AND AN ADJUSTMENT DUE TO THE DURATION OF THE PROJECT AND THE DEFENDANT'S KNOWLEDGE OF THE ASBESTOS REGULATIONS. THE COMPLAINT WILL ALSO SEEK INJUNCTIVE RELIEF TO ENJOIN THE DEFENDANT FROM FURTHER VIOLATIONS OF CAA AND NESHAPS. ON 6/23/86 THE PORT OF SEATTLE BEGAN PHASE I NORTH EXPANSION PROJECT AT THE SEATTLE TACOMA INTERNATIONAL AIRPORT. THE PROJECT INVOLVED THE DEMOLITION OF THE NORTH WALL OF THE TERMINAL, CONSTRUCTION OF TEMPORARY WALLS AND THE ABATEMENT OF APPROXIMATELY 3,000 SQ FT OF ASBESTOS MATERIAL. A PREABATEMENT SURVEY INDICATED THAT THE ENTIRE STRUCTURAL FRAME CONSTRUCTED IN 1969-72 WAS SPRAYED WITH ASBESTOS CONTAINING FIREPROOFING MATERIAL. RESULTS OF THE SURVEY WERE AVAILABLE TO THE GENERAL CONTRACTOR PRIOR TO BIDDING ON THE PROJECT. THE GENERAL CONTRACTOR, WICK CONSTRUCTION CO, WAS AWARE FROM THE OUTSET THAT PROPER ASBESTOS PROCEDURES WERE REQUIRED. PSAPCA DID CONDUCT INSPECTIONS AT FACILITY, WHICH RESULTED IN 7 DAYS OF VIOLATIONS AND A TOTAL OF 21 NOTICES OF VIOLA- TION BEING ISSUED BY PSAPCA. THESE INSPECTIONS FORM THE BASIS FOR THIS REFERRAL. PENALTIES HAVE BEEN PAID TO PSAPCA BY THE PORT (OWNER) AND GORDON BROWN, TORO, AND BALLARD (SUBCONTRACTORS.) WICK, THE GENERAL CONTRACTOR, HAS NOT PAID ANY PENALTIES.

Defendants (5)

• BALLARDNamed in complaint
• GORDON BROWNNamed in complaint
• PORT OF SEATTLENamed in complaint
• TORO CONSTRUCTIONNamed in complaint
• WICK CONSTRUCTION CONamed in complaint

Facilities (1)

• SEA TAC MAIN TERMINAL

  SEA TAC INTL ARPRT, SEATTLE, WA, 98158

  Registry ID: 110012560442

Statutes cited

• CAA 112C — Hazardous Air Pollutants

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: CAA

Timeline (8 milestones)

• 1987-04-22Enforcement Action Data Entered
• 1988-09-29Referred To Dept Of Justice
• 1988-09-29Referred TO U.S. Attorney
• 1989-08-01Complaint Filed With Court
• 1991-05-17Final Order Lodged
• 1991-05-17Final Order Entered
• 1991-05-17Concluded
• 1995-05-23Enforcement Action Closed