EPA v. HEPWORTH/LEZAMIZ/CUNNINGHAM DBA C & C SALVAGE

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 STANDARDS FOR ASBESTOS, 40 CFR PART 61, SUBPART M, PROMULGATED PURSUANT TO SECTION 112 OF THE CLEAN AIR ACT, 4 2 USC PART 7412. BETWEEN 7/10 AND 7/20/88 THE PETERSON/BURKHOLDER BUILDING, OWNED BY JOHN HEPWORTH AND JOHN LEZAMIZ, WAS PARTIALLY DEMOLISHED. THE BUILDING, LOCATED IN DOWNTOWN TWIN FALLS, IDAHO, WAS BEING DEMOLISHED BY GAIUS CUNNINGHAM DBA C&C SALVAGE AND DEMOLITIONS. DURING THIS DEMOLITION PERIOD APPROXIMATELY 5,000 SQUARE FEET OF ROOFING PAPER CONTAINING 60% CHRYSOTILE WAS REMOVED FROM THE PREMISES. IN ADDITION TO ROOFING MATERIAL, PIPES WRAPPED IN AIR CELL INSULATION CONTAINING BETWEEN 85% TO 95% CHRYSOTILE WERE RIPPED AND TORN DURING THE REMOVAL OF THE ROOF. DEMOLITION OF THE BUILDING WAS STOPPED ON 7/20/88 BY GAIUS CUNNINGHAM UPON THE REALIZATION THAT THE EXPOSED PIPE INSULATION MAY CONTAIN ASBESTOS. AN ATTEMPT WAS MADE TO COVER THE EXPOSED PIPES UNTIL A DECISION COULD BE MADE ON PROPER ACTION. EPA INSPECTOR TIM TRUMBULL OF THE REGION 10, IDAHO OPERATIONS OFFICE WAS CONTACTED CONCERNING THE BUILDING BY ASBESTOS ABATEMENT INC, A FIRM HIRED TO DO THE CLEANUP OF THE BUILDING. INSPECTOR TRUMBULL CONDUCTED INSPECTIONS OF THE DEMOLITION ON 8/25 AND 8/29/88. HE CONFIRMED GAUIS CUNNINGHAM'S CONCERN THAT THERE WAS A POSSIBILITY THAT THE PIPE WRAPPING DID CONTAIN ASBESTOS, AND FURTHER INFORMED CUNNINGHAM AND HEPWORTH THAT THE ROOFING PAPER THAT HAD BEEN PARTIALLY REMOVED COULD POTENTIALLY CONTAIN ASBESTOS. BASED ON HIS OBSERVATIONS INSPECTOR TRUMBULL SAW NO COMPLIANCE WITH APPLICABLE NESHAP OR OSHA REGULATIONS. PROPER CLEANUP WAS PERFORMED BY ASBESTOS ABATEMENT INC DURING 11/88 AND DEMOLITION OF THE BUILDING FOLLOWED. IN ITS COMPLAINT AGAINST THE DEFENDANTS, EPA SEEKS: 1) AN ASSESSMENT OF CIVIL PENALTIES OF $25,000 FOR EACH DAY FOR EACH VIOLATION BY EACH DEFENDANT FOR VIOLATIONS OF EPA'S REGULATIONS AND THE CAA AND THE ASBESTOS NESHAP, 40 CFR PART 61; 2) TO ENJOIN EACH OF THE DEFENDANTS FROM FURTHER VIOLATIONS OF THE CAA AND THE ASBESTOS NESHAP, 40 CFR PART 61; 3) TO AWARD PLAINTIFF ITS COST AND DISBURSEMENTS IN THIS ACTION; AND 4) TO GRANT SUCH OTHER AND FURTHER RELIEF AS THE COURT MAY DEEM JUST AND PROPER.

Defendants (3)

• CUNNINGHAM, GAIUS DBA C & C SALVAGE & DENamed in complaint
• HEPWORTH, JOHNNamed in complaint
• LEZAMIZ, JOHNNamed in complaint

Facilities (1)

• PETERSON BURKHOLDER BLDG

  134 & 136 SHOSHONE ST E, TWIN FALLS, ID, 83301

  Registry ID: 110010752550

Statutes cited

• CAA 112C — Hazardous Air Pollutants

Timeline (7 milestones)

• 1988-11-29Enforcement Action Data Entered
• 1989-03-31Referred To Dept Of Justice
• 1989-06-05Returned To Region
• 1990-10-25Rereferred
• 1991-01-29Complaint Filed With Court
• 1992-12-28Concluded
• 1995-03-01Enforcement Action Closed