Lodging of Consent Decree Pursuant to Clean Air Act

DEPARTMENT OF JUSTICE

Lodging of Consent Decree Pursuant to Clean Air Act

In accordance with Department policy, 28 CFR 50.7, notice is hereby

given that on December 28, 1993, a proposed Consent Decree in United

States v. Superior Contract Maintenance, Inc., Civil Action No.

1:93CV2754, was lodged in the United States District Court for the

Northern District of Ohio. The Complaint filed by the United States

alleged violations of the Clean Air Act, the National Emission

Standards for Hazardous Air Pollutants (NESHAP) for Asbestos, 40 CFR

part 61, subpart M, by Superior Contract Maintenance, Inc. (SCM),

Superior Demolition and Excavating, Inc. (SDE), and Market Plaza

Properties Limited Partnership. The Consent Decree requires the

defendants to pay a total civil penalty of $27,500 in full settlement

of the claims set forth in the Complaint filed by the United States.

The Consent Decree also requires the defendants to ensure that their

employees have the required inspector and asbestos abatement worker

training before those employees can inspect or work in facilities where

asbestos containing material (ACM) or suspect ACM would be removed.

Additionally, the compliance section requires SCM, SDE, and Market

Plaza to provide written instructions to their employees not to handle,

move, or otherwise disturb ACM or suspect ACM unless specially trained,

licensed or authorized to do so, to comply with the asbestos NESHAP,

and to provide EPA with notice before removing any asbestos in the

future.

The Department of Justice will receive for a period of thirty (30)

days from the date of this publication comments concerning the proposed

Consent Decree. Comments should be addressed to the Assistant Attorney

General, Environment and Natural Resources Division, U.S. Department of

Justice, P.O. Box 7611, Ben Franklin Station, Washington, DC 20044, and

should refer to United States v. Superior Contract Maintenance, Inc.,

D.J. Ref. No. 90-5-2-1-1739.

The proposed Consent Decree may be examined at any of the following

offices: (1) The United States Attorney for the Northern District of

Ohio, United States Courthouse, Room 208, 2 South Main Street, Akron,

Ohio 44308 (contact Assistant United States Attorney James L. Bickett);

(2) the U.S. Environmental Protection Agency, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois 60604-3590 (contact Assistant Regional

Counsel Padmavati G. Klejwa); and (3) the Environmental Enforcement

Section, Environment and Natural Resources Division, U.S. Department of

Justice, Consent Decree Library, 1120 G Street, NW., 4th Floor,

Washington, DC 20005 (202-624-0892). A copy of the proposed consent

decree may be obtained in person or by mail from the Consent Decree

Library, 1120 G Street, NW., 4th Floor, Washington, DC 20005. For a

copy of the Consent Decree please enclose a check in the amount of

$5.50 (25 cents per page for reproduction costs, exclusive of the costs

of the appendices), payable to the Consent Decree Library.

John C. Cruden,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 94-798 Filed 1-11-94; 8:45 am]

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