THIS IS A PROPOSED CIVIL ACTION UNDER SECTION 113(B)OF CAA, AGAINST THE CITY OFJAMESTOWN, NORTH DAKOTA AND J & D ENTERPRISES, INC. TO SEEK A CIVIL PENALTY SETTLEMENT AMOUNT OF APPROXIMATELY $10,000.00 - $15,000.00, TOGETHER WITH IN- JUNCTIVE RELIEF OF ASBESTOS EDUCATION PROGRAMS FOR BOTH DEFENDANTS. DEFENDANTS VIOLATED THE ASBESTOS NESHHAP REGULATIONS, 40 CFR PART 61 SUBPART M, BY FAILING TO ADEQUATELY NOTIFY OF THE NATURE OF THE PLANNED DEMOLITION METHODS, FAILING TO KEEP FRIABLE ASBESTOS MATERIALS WET UNTIL COLLECTED FOR DIS- POSAL, AND DISCHARGING VISIBLE EMISSIONS TO THE OUTSIDE AIR DURING THE COLLECTION OF ASBESTOS CONTAINING MATERIALS. * J & D ENTERPRISES, INC., A DULUTH, MINNESOTA ASBESTOS CONT6RACTOR WAS HIRED BY THE CITY OF JAMESTOWN, N.D. TO REMOVE ASBESTOS AS PART OF DEMOLITION OF AN ABONDONED STEAM GENERATING FACILITY OWNED BY THE CITY.