SystemThinkers: Compliance and Enforcement News Release (Region 4): City of Marco Island and Quality Enterprises USA, Inc. Agree to pay Penalty to Resolve Clean Air Act Violations

Thursday, June 24, 2010

Compliance and Enforcement News Release (Region 4): City of Marco Island and Quality Enterprises USA, Inc. Agree to pay Penalty to Resolve Clean Air Act Violations

City of Marco Island and Quality Enterprises USA, Inc. Agree to pay Penalty to Resolve Clean Air Act Violations

Contact Information: Dawn Harris-Young, (404) 562-8421, harris-young.dawn@epa.gov

(Atlanta, Ga. – June 24, 2010) The city of Marco Island, Florida, and Quality Enterprises USA, Inc. (Quality) have entered into an administrative consent agreement with the U.S. Environmental Protection Agency (EPA) to settle allegations that the city and Quality violated the Clean Air Act and the federal asbestos regulations known as the National Emission Standard for Hazardous Air Pollutants for Asbestos. Under the consent agreement, the city and Quality have agreed to pay a penalty of $81,722. In accordance with a separate agreement between the city and Quality, Quality will pay the entire penalty. The alleged violations occurred during the city’s Collier Boulevard road-widening and sewer and drinking water pipe installation project that began in 2005. The Consent Agreement was finalized on June 23, 2010. The alleged violations of the asbestos regulations include:

failure to conduct a thorough inspection for asbestos prior to the excavation of asbestos-containing cement piping;
failure to provide timely written notification to the Florida Department of Environmental Protection prior to beginning the construction project;
failure to remove the excavated asbestos-containing piping prior to conducting construction activity that would break up, dislodge or disturb the asbestos material;,
failure to adequately wet and keep wet the excavated asbestos-containing piping until disposed;
failure to have on-site a supervisor properly trained in the asbestos regulations; and
failure to properly dispose of the excavated asbestos-containing piping and asbestos-contaminated debris as soon as practical.

"It is incumbent that building owners, developers, contractors and municipalities involved in renovation and demolition projects, properly remove and dispose of asbestos in order to protect the health of the public and immediate community," said Kenneth Lapierre, EPA Region 4 Deputy Director of the Air, Pesticides and Toxic Substances Division. “The notification, work practice, and disposal requirements of the asbestos regulations are designed to ensure that asbestos emissions are avoided during renovation and demolition construction work.”

In 2006, EPA learned that fragments and sections of the asbestos-containing cement piping that had been excavated during the project had been disposed of and/or otherwise had come to be located at three separate sites near the construction project on Marco Island. Due to the presence of asbestos contamination at the three sites, EPA determined that cleanup action was required. The city and Quality fully cooperated with EPA in the development and implementation of sampling and cleanup plans to address the contamination at the sites. Cleanup actions were satisfactorily completed in accordance with the work plans in May 2007, April 2008, and November 2008, respectively. Subsequent confirmatory soil sampling did not indicate the presence of any remaining asbestos fibers. Under the Consent Agreement, the city and Quality have certified that they are in compliance with all relevant requirements of the asbestos regulations.

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