The Site is a co-operative residential complex consisting of approximately 109 individual buildings. At various times between 2002 and 2006, the maintenance staff for the Site conducted excavations to repair leaking or broken subsurface steam pipes and the ACM surrounding the piping became friable. In addition, on repeated occasions during the period from 2002 through October, 2006, the maintenance staff removed asbestos-containing pipe insulation from the steam pipes. Loose ACM was left on various surface areas at the Site. The insulation was then disposed by its reburial either directly in the ground adjacent to the steam pipes or in bags that were reburied in the vicinity of the steam pipe repair.
An Agreement for Recovery of Past Response Costs was signed by EPA and the Respondent in which the Respondent agrees to seek a mortgage refinancing, that as part of a deferred criminal prosecution agreement with the Department of Justice, will finance an asbestos abatement project and fully reimburse EPA for the costs expended to cleanup asbestos removed at the Site. The deferred criminal prosecution agreement is a separate document and not part of the Order.
Under the deferred criminal prosecution agreement signed by the Respondent and DOJ on August 5, 2008, the Respondent agrees to install a new heating system in order to maintain the existing subsurface ACM steam piping abandoned in place and to remove ACM in the crawl spaces and basements of individual units i