The Complaint in this cause alleges that Respondent failed to adequately wet
RACM material while it was being removed on August 4, 2005.
5.
The sole sample collected by the EPA Inspector that did test positive for ACM
was collected from a stored drum of wetted material previously removed from anotherlocation in the building at a time and place remote from the area inspected on August 4,2005, at which time and place the EPA Inspector was not even present. See, for example, Outboard Marine Corp. v. LibertyMutual Ins. Respondent is entitle...
Allowed
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