8/8/13 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $420, DUE WITHIN 30 DAYS.
ALLEGATIONS:
DEMOLITION OCCURRED ON OR ABOUT FEB 11, 2013 AT A FACILITY LOCATED AT 440 AND 458 OAK STREET IN MACON, GA. AT THE TIME OF THE DEMOLITION, THE FACILITY WAS AN INSTALLATION CONSISTING OF TWO WAREHOUSE BUILDINGS. THEREFORE, IT MET THE DEFINITION OF A FACILITY BY BEING A COMMERCIAL INSTALLATION.
EPA DETERMINED RESPONDENT'S COMPLIANCE THROUGH REVIEW OF RESPONDENT'S GEORGIA PROJECT NOTIFICATION FORM FOR ASBESTOS RENOVATION, ENCAPSULATION, OR DEMOLITION (THE NOTICE) SUBMITTED TO THE STATE OF GEORGIA AND A SUBSEQUENT DISCUSSION WITH THE RESPONDENT.
RESPONDENT WAS THE GENERAL CONTRACTOR RESPONSIBLE FOR THE SUPERVISOR OF THE DEMOLITION OPERATION AT THE FACILITY. THEREFORE, RESPONDENT MET THE DEFINTIION OF AN OWNER OR OPERATOR OF A RENOVATION OR DEMOLITION ACTIVITY.
ON OR AFTER JAN 30, 2013, RESPONDENT SUBMITTED THE NOTICE TO THE STATE OF GA INDICATING THAT THE START DATE FOR DEMOLITION WAS FEB 11, 2013, 8 WORKING DAYS PRIOR TO THE IDENTIFIED DEMOLITION START DATE. PURSUANT TO 40 CFR 61.145(b)(3(i), A WRITTEN NOTICE OF INTENTION TO DEMOLISH MUST BE POSTMARKED OR DELIVERED AT LEAST 10 WORKING DAYS BEFORE DEMOLITION BEGINES.
RESPONDENT VIOLATED CAA SECTION 112 AND 40 CFR 61.145(b)(3)(i) BY FAILING TO PROVIDE THE STATE OF GEORGIA WITH WRITTEN NOTICE OF INTENTION TO DEMOLISH THE FACILITY POSTMARKED 10 WORKING DAYS PRIOR TO THE DEMOLITION.