EPA v. Burley Access Order

Case summary

The Site historically consisted of two buildings with a shared wall. On January 30, 2018, a fire occurred in the buildings. On Febmary 17, 2018, the buildings were demolished in place by Respondent leaving debris mostly in the approximately 10-foot-deep basement areas of the buildings. Additionally, the demolition exposed a shared wall which was left standing. Before EPA became aware of the demolition project and could respond, Respondent arranged to have eight truckloads of demolition material hauled to a gravel pit south of Burley, and subsequent sampling showed this material to contain asbestos. Respondent did not notify EPA in advance of the demolition, retain an asbestos contractor to perform the demolition, or otherwise follow the work practices for asbestos demolition projects that are required by the Section 112 of the Clean Air Act, 42 U.S.C. ?7412, and the National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations at 40 C.F.R. 6 1.145. The demolition debris includes, among other things, roofing material, popcorn ceiling, thermal system insulation around piping, mastic on flooring material, and spray-on texture on the exposed shared wall. EPA conducted sampling of the demolition debris at the Site on March 13, 2018 and results indicated one sample of 4% asbestos in roofing material and one sample of>1% asbestos in roofing material. Sampling results of the debris at the Site provided by Respondent to EPA on March 20, 2018, indicated one sample containing 50% asbestos in roofing material and two samples containing 6% asbestos in spray-on mixture for wall texture. The demolition left asbestos-containing materials exposed at the Site where hot temperatures and wind may break down and disperse the asbestos.

Defendants (1)

• Diconia LLCNamed in complaintNamed in settlement

Facilities (1)

• BURLEY DEMOLITION ASBESTOS SITE

  1222 AND 1226 OVERLAND AVE, BURLEY, ID, 83318

  Registry ID: 110070253797

Statutes cited

• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• Burley Access Orderentered 2018-08-14

  Primary law: CERCLA

Timeline (2 milestones)

• 2018-08-14Final Order Issued
• 2018-10-15Enforcement Action Data Entered