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FRIEDMAN & SCHMITT CO.
Construction company penalized for 3 asbestos violations

Friedman and Schmitt penalized for three asbestos violations

Although the ALJ concluded that Friedman & Schmitt were not liable for the alleged violations of the Asbestos NESHAP, the ALJ nevertheless provided an analysis of what he believed an appropriate penalty would be in the event that the Board disagreed with his liability determination.

In this alternative analysis, the ALJ rejected the Region’s proposed penalty of $134,300, determining instead that $3,500 would be an appropriate penalty. For the following reasons, we adopt certain aspects of the ALJ’s analysis and reject others.

As explained below, we assess a penalty of $30,980 for Friedman & Schmitt’s three violations of the Asbestos NESHAP.

Courtesy of The EPA

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IN THIS SECTION
penalty criteria
Statutory provisions
statutory requirements
Board calculates the penalty
NESHAP penalty policy
Penalty evidence
Asbestos penalty policy
Calculations of economic benefit
Court analysis of penalty calculations
Penalty for notice violation
Wetting requirement
Gravity based penalty
Court assess benefit penalty
Violator component of penalty
Asbestos penalty policy
Preliminary deterrence penalty
Seeking penalty reduction
General CAA penalty policy


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Friedman Schmitt case
see also:

Gravity based penalty Friedman Schmitt challenge gravity-based penalty
Friedman Schmitt and their challenge to gravity-based penalty

Preliminary deterrence penalty Asbestos Penalty Policy and preliminary deterrence penalty
Read about asbestos penalty policy and preliminary deterrence penalty

RACM Report from Friedman Schmitt Construction About Friedman Schmitt Construction case and RACM consultant report
On Friedman Schmitt Construction case and RACM consultant report