ELR Citation: ELR 21146
No(s). 87-0214 P (D.R.I. Mar 27, 1989)

The court holds that a building demolition contractor violated the Clean Air Act (CAA) and asbestos national emission standards for hazardous air pollutants (NESHAP) by failing to keep friable asbestos material wet during demolition and until collected for disposal, by discharging visible emissions into the air during the handling of asbestos waste material, and by failing to comply with the Environmental Protection Agency's (EPA's) reporting requirements and immediate compliance order. The court holds that violations of the CAA and the asbestos NESHAP result in strict liability. Also, the court holds that defendant was subject to the requirements of the asbestos NESHAP, since defendant was the contractor and supervisor of a demolition operation where the amount of friable asbestos in the building was clearly in excess of NESHAP threshold quantity. The court holds that defendant failed to adequately wet friable asbestos materials or capture the particulate asbestos material through an exhaust ventilation system during stripping, failed to keep friable asbestos materials wet until collected for disposal, and discharged visible emissions into the outside air during the handling of asbestos-containing waste material without using a disposal method approved by the CAA. The court finally holds that defendant failed to timely respond to EPA's §114(a) reporting requirement seeking information on the demolition operation and failed to timely respond to EPA's §113(a)(3) compliance order.

[A previous case in this litigation is published at 18 ELR 20272.]

Counsel for Plaintiff
Casey Shpall
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Counsel for Defendant
Mark O. Denehey
Adler, Pollock & Sheehan
One Hospital Trust Plaza, Providence RI 02903
(401) 274-7200