Minutes
Public Hearing
of the
Louisville Metro Air Pollution Control Board

April 20, 2005

A public hearing of the Louisville Metro Air Pollution Control Board (Board) was called to order April 20, 2005, at 9:01 a.m. in the Board Room of the Louisville Metro Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky, , by Vice-Chairman Lee Howard.

General Statement, Rules, and Purpose

Vice-Chairman Lee Howard opened the meeting and announced the rules and purpose of the Public Hearing, which was to review an Agreed Board Order with Consolidated Container Company.

1. Agreed Board Order with Consolidated Container Company

Terri Phelps summarized the Agreed Board Order (ABO) with Consolidated Container Company (Company), which alleges violations of federal and local asbestos abatement requirements. In April and May 2004, the District received calls concerning the removal of asbestos-containing pipe insulation during a renovation at the Company’s plastic container blow-molding facility on Strawberry Lane. On May 17, 2004, the District received a letter from the Company reporting that about 300 linear feet of friable asbestos-containing material had been removed during the renovation in late 2003. The Company later reported that it could not document whether a trained supervisor had been present during the removal or whether any of the federal and District work practice requirements for removal, transportation, and disposal of asbestos containing material had been met.

This administrative settlement includes monetary penalties for the alleged violation. The District and the Company have agreed to a settlement amount of $51,300, which includes a component for the economic benefit derived from non-compliance, as well as an adjustment upward due to the size of the Company and willfulness on the part of the Company. The Company has agreed to the terms of the ABO.

Statements

No statement was made.

Adjournment

The public hearing adjourned at 9:04 a.m.

________________________
Lee Howard
Vice-Chairman

_______/signed/_______
Jonathan L. Trout
Secretary-Treasurer


 

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