6/23/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF %81,772, WHICH SHALL BE PAID BY QUALITY, PURSUANT TO A SEPARATE AGREEMENT BETWEEN THE RESPONDENTS, WITHIN 30 DAYS FROM THE EFFECTIVE DATE. IN THE EVENT THAT QUALITY FAILS TO PAY THE PENALTY AS REQUIRED IN THIS CAFO, THE CITY SHALL PAY THE PENALTY WITHIN 60 DAYS AFTER RECEIPT OF A WRITTEN DEMAN FOR PAYMENT FROM EPA. IF THE PENALTY IS NOT PAID BY EITHER PARTY AS REQUIRED BY THIS CAFO, EPA RESERVES ITS RIGHTS TO INITIATE ACTION PURSUANT TO CAA SEC 113(d) AGAINST ONE OR BOTH PARTIES TO ASSESS PENALTIES FOR VIOLATIONS OF THE ASBESTOS NESHAP.
ALLEGATIONS:
EPA ALLEGES THAT BETWEEN APPROX MARCH 2005 AND MARCH 2006, AS PART OF THE IMPLEMENTATION OF THE PROJECT, A PORTION OF THE EXISTING ASBESTOS-CONTAINING CEMENT PIPING WAS EXCAVATED AND THE REMAINDER WAS ABANDONED IN PLACE AND GROUTED. AS A RESULT OF THE HANDLING OF THE EXCAVATED ASBESTOS-CONTAINING CEMENT PIPING, EPA ALLEGES THAT A PORTION OF IT BECAME REGULATED ASBESTOS CONTAINING MATERIAL (RACM) AS THAT TERM IS DEFINED IN 40 CFR 61.141. EPA ALLEGES THAT THE EXCAVATION AND DISPOSAL OF RACM AT VARIOUS LOCATIONS AROUND THE PROJECT SITE QUALIFIES THE PROJECT AS A RENOVATION PURSUANT TO THE ASBESTOS NESHAP.
AS A RENOVATION PROJECT THAT INVOLVED THE EXCAVATION, HANDLING, AND DISPOSAL OF RACM, EPA ALLEGES THAT THE PROJECT WAS SUBJECT TO THE NOTIFICATION AND WORK PRACTICES REQUIREMENTS OF THE ASBESTOS NESHAP. EPA ALLEGES THAT RESPONDENTS FAILED TO COMPLY