Notice of Violation and Hearing, JVN Restoration Inc., Jan 2003

NYC 9/11 Public Portal Document

ENVIRONMENTAL CONTROL BOARD NOTICE OF VIOLATION VIOLATION NO. 500355652 CITY OF NEW YORK AND HEARING YOU ARE REQUIRED, AND ARE HEREBY DIRECTED, TO APPEAR FOR A HEARING ON 1/31/2003 at 9:30 AM at the Environmental Control Board, 66 John Street, New York, NY 10038, 10th Floor. This hearing Is your opportunity to answer and defend the allegations set forth belo IF YOU DO NOT APPEAR, YOU WILL BE HELD IN DEFAULT AND SUBJECT TO MAXIMUM PENALTIES. READ THE INSTRUCTIONS ATTACHED. Commissioner of the Department of Environmental Protection, Premise 124 LIBERTY STREET City of New York, Petitioner, V. Borough MANHATTAN JVN RESTORATION INC. Respondent 47 FOSTER ROAD Street Address of Respondent

STATEN ISLAND, NY 10309 City, State, Zip Cod

Capacity of Respondent: Contractor: ® Building Owner ❑ Other: ❑

Upon Investigation, Petitioner has determined that there is reasonable cause to believe that Respondent has violated the following subsections of Title 24, Chapter 1, New York Qty Administrative Code (Air Pollution Control Code)

Title 15, Chapter 1, Rules of the thy of New York ❑ Section 1-25(c) Failed to file Asbestos Inspection Report (Form ACP-7) with DEP one week In advance of the start of the work. ❑ Section 1-51(a) Employed uncertified workers ) on an asbestos project Section 1-51(c) Failed to provide and/or ensure the wearing of protective dothing ( u~ rssszr ) by all individuals engaged in abatement activities. ❑ Section 1-51(g) Failed to post asbestos warning signs. ❑ Section 1-81(c) Failed to shut down electric power to the work area. ❑ Section 1-810) Failed to seal flood objects with at least one layer 6-mil plastic sheeting. ❑ Section 1-81(m) Failed to seal floor and wall surfaces with at least two layers 6-mil plastic sheeting. ❑ Section 1-82(a) Failed to provide a worker decontamination system. ❑ Section 1-83(a) Failed to provide a waste decontamination system. ❑ Section 1-91(a) Failed to utilize negative pressure equipment ❑ Section 1-92(a) 2 Failed to maintain an entry / exit log. ❑ Section 1-102(a) Failed to abate ACM by wet methods. ❑ Section 1-102(d) Failed to bag ACM directly upon detachment from the substrate. ❑ Section 1-102(f) Failed to remove all visible residue from surfaces from which ACM has been removed. ❑ Section 1-112(f) Failed to verify the absence of visible ACM prior to commencement of clearance air monitoring.

Other:

(1) 1-82(a) Failed to provide a worker decontamination system attached to the work area.

(2) 1-93(d) Failed to clean the external surfaces of contaminated containers prior to transferring such items.

(3)

(4)

SECOND OFFENSE (LIST SUBSECTIONS):

The above violation occurred or was observed or was determined to exist based on a review of departmental records, on or about Saturday, September 28, 2002

Ao2o Inspector's Signature/Badge Number

If such violation be proven or admitted, Respondent may be subject to civil penalties for each subsection of the violation in amounts according to the schedule set forth on the reverse side of this form for each day during which such violation continues.

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NYC-WTC 000097271