EPA v. GOICOECHEA & W.W. INC.

Case summary

THIS DIRECT REFERRAL INVOLVES THE FILING OF A CIVIL ACTION TO SEEK PENALTIES AND INJUNCTIVE RELIEF FOR VIOLA- TIONS OF THE WORK PRACTIVE STANDARDS SET FORTH IN NESHAP, 40 CFR, 61(M), PROMULGATED PURSUANT TO SECTION OF 112 OF CAA 42 USC, 7412. THIS ACTION IS A RESULT OF FAILURE TO PROVIDE NOTIFICATION, INADUQUATE WETTING PRIOR TO REMOVAL, AND FAILURE TO ADEQUATELY WET THE FRIABLE ASBESTOS MATERIAL UNTIL COLLECTION FOR DISPOSAL. BETWEEN 8/28/87 AND 3/15/88 RENOVATION ACTIVITY BY W/W INC WAS OCCURRING AT 710 N 6TH ST, BOISE, ID, WHICH HAD BEEN PREVIOUSLY CONVERTED INTO OFFICES OWNED BY JERRY GOICOECHEA. ON THE EVENING OF 1/21/88, 300-370 LINEAR FEET OF PIPE INSULATION CONTAINING 30% CHRYSOLITE ASBESTOS WAS REMOVED BY INDIVIDUALS HIRED BY W/W INC. BASED ON ANONYMOUS TIP, EPA INSPECTOR CONDUCTED INSPECTION OF BASEMENT ON 1/22/88 AND SAW NO SIGN OF COMPLIANCE WITH APPLICABLE NESHAPS OR OSHA REGULATIONS. BASED ON CONTACT BY EPA, GOICOECHEA HIRED INDUSTRIAL RESOURCES INC TO INSPECT AND ADVISE REGARDING PROPER CLEANUP. PROPER CLEANUP WAS PERFORMED BY PMI ASBESTOS ABATEMENT SPECIALISTS 1/24-25/88, WITH NOTIFICATION TO EPA. NO PRIOR NOTIFICATION FOR THE ASBESTOS REMOVAL FROM EITHER DEFENDANT HAD BEED RECEIVED BY EPA. ON 1/25/88 EPA INSPECTOR OBSERVED A TRAILER ON THE PROPERTY OF W/W INC CONTAINING DRY, UNBAGGED PIPE INSULATION MATERIAL FROM THE GOICOECHEA SITE, CORRUGATED PAPER AND MUD WRAP MIXED WITH OTHER CONSTRUCTION DEBRIS. SAMPLES OF THE WRAP MATERIAL WAS NOT WET AND BAGGED UNTIL 2/7/88. NOTIFICATION TO THAT EFFECT WAS RECEIVED FROM W/W INC BY SUBSEQUENT LETTERS. EPA SEEKS: 1) AN ASSESSMENT OF CIVIL PENALTIES OF $25,000 FOR EACH DAY FOR EACH VIOLATION BY EACH DEFENDANT FOR VIOLATIONS OF CAA AND NESHAPS; 2) TO ENJOIN EACH DEFENDANT FROM FURTHER VIOLATIONS OF CAA AND NESHAPS; 3) TO AWARD PLAINTIFF ITS COST AND DISBURSEMENTS IN THIS ACTION; 4) TO GRANT SUCH OTHER AND FURTHER RELIEF AS THE COURT MAY DEEM JUST AND PROPER.

Defendants (2)

• GOICOECHEA, J.Named in complaintNamed in settlement
• W/W INCNamed in complaintNamed in settlement

Facilities (1)

• GOICOECHEA JERRY

  710 N 6TH ST, BOISE, ID, 83702

  Registry ID: 110010679676

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• GOICOECHEA & W.W. INC.entered 1992-06-26

  Primary law: CAA

  Federal penalty: $10,000

Timeline (9 milestones)

• 1988-05-10Enforcement Action Data Entered
• 1988-09-29Referred To Dept Of Justice
• 1988-11-30Returned To Region
• 1990-03-08Rereferred
• 1991-01-29Complaint Filed With Court
• 1992-06-26Final Order Lodged
• 1992-06-26Final Order Entered
• 1992-06-26Concluded
• 1994-11-07Enforcement Action Closed