Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

Federal RegisterApr 25, 1996

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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

In accordance with Departmental policy, 28 CFR Sec. 50.7, notice is

hereby given that a proposed Consent Decree in United States versus

Island Realty, Inc., Civil Action No. 93-5805 (E.D.Pa.), was lodged on

March 27, 1996, with the United States District Court for the Eastern

District of Pennsylvania. The decree addresses Island Realty's

violations of the National Emission Standard for Hazardous Air

Pollutants (``NESHAP'') for asbestos that occurred at the former

Celotex manufacturing plant located at 3600 Grays Ferry Avenue in

Philadelphia, Pennsylvania. Island Realty violated the NESHAP by

failing to wet and cover, or otherwise seal from outside air, asbestos

contaminated waste; by failing to submit a plan for removal of asbestos

containing materials; and by failing to remove asbestos containing

materials from the facility.

Under the proposed Consent Decree, Island Realty will pay a civil

penalty of $40,000, has agreed to submit a final report of its cleanup

activities to EPA within 75 days of the date of entry of the Decree,

and to comply with the asbestos NESHAP in the future. As to future

compliance, Island Realty has agreed to detailed, specific requirements

regarding the conduct of future demolition or renovation operations,

site inspection, sampling and analytical protocols, and worker

training. The Decree also contains provisions for Island Realty to pay

stipulated penalties, ranging from $5,000 to $15,000, for any future

violations of the NESHAP.

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

days from the date of this publication, comments relating to the

proposed Consent Decree. Comments should be addressed to the Assistant

Attorney General for the Environment and Natural Resources Division,

Department of Justice, Washington, D.C. 20530, and should refer to

United States versus Island Realty, Inc., DOJ Ref. #90-5-2-1-1914.

The proposed consent decree may be examined at the office of the

United States Attorney, 615 Chestnut Street, Suite 1250, Philadelphia,

Pennsylvania 19106-4476; the Region III Office of the Environmental

Protection Agency, 841 Chestnut Building, Philadelphia, Pennsylvania

19107; and at the Consent Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, D.C. 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, N.W., 4th Floor, Washington, D.C. 20005.

In requesting a copy please refer to the referenced case and enclose a

check in the amount of $7.50 (25 cents per page reproduction costs),

payable to the Consent Decree Library.

Joel M. Gross,

Section Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 96-10211 Filed 4-24-96; 8:45 am]

BILLING CODE 4410-01-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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