5/25/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,282. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
SOMETIME BETWEEN MARCH 9, 2009, AND APRIL 9, 2009, A BUILDING PREVIOUSLY UTILIZED FOR COMMERCIAL PURPOSES AT THE FACILITY WAS DEMOLISHED BY THE RESPONDENT. THE RESPONENT OBTAINED A DEMOLITION PERMIT FROM RICHMOND COUNTY FOR THE DEMOLITION.
DEMOLITION IS DEFINED IN 40 CFR SECTION 61.41 AS THE WRECKING OR TAKING OUT OF ANY LOAD-SUPPORING STRUCTURAL MEMBER OF A FACILITY TOGETHER WITH ANY RELATED HANDLING OPERATIONS OR THE INTENTIONAL BURNING OF ANY FACILITY.
RESPONDENT VIOLATED SECTION 112 OF THE CAA, 42 U.S.C. SECTION 7412, AND 40 CFR SECTION 61.145(b)(1), BY FAILING TO PROVIDE WRITTEN NOTICE OF INTENTION TO DEMOLISH OR RENOVATE A REGULATED FACILITY PRIOR TO THE INITIATION OF DEMOLITION ACTIVITIES.