9/25/18 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $3,306, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON OR ABOUT JULY 2015, RESPONDENT ENTERED INTO A CONSTRUCTION MANAGER/GENERAL CONTRACTOR MASTER AGREEMENT WITH THE STATE OF TN DEPT OF GENERAL SERVICES (TN DGS) TO CONDUCT CERTAIN ACTIVITIES AT THE TN SCHOOL FOR THE DEAF IN KNOXVILLE, TN, IN CONNECTION WITH A DEMOLITION, RENOVATION, AND CONSTRUCTION PROJECT AT THE SCHOOL.
IN TURN, THE RESPONDENT ENTERED INTO A SUBCONTRACT AGREEMENT IN JAN 2016 WITH E. LUKE GREEN (ELG) UNDER WHICH ELG PERFORMED CERTAIN DEMOLITION WORK AT THE SCHOOL. AT SOME TIME DURING THE COURSE OF ELG'S WORK AT THE SCHOOL, A WESTINGHOUSE INTERTEEN PCB TRANSFORMER LOCATED IN THE BASEMENT OF POORE HALL WAS TAKEN OUT OF SERVICE AND/OR STORED IN THE BASEMENT FOR DISPOSAL. RESPONDENT HAS ASSERTED THAT WHEN RESPONDENT AND ELG ENCOUNTERED THE TRANSFORMER, THEY ASKED THE SCHOOL'S FACILITIES MANAGER ABOUT ITS STATUS BECAUSE HAZARDOUS MATERIAL DISPOSAL WAS NOT A PART OF RESPONDENT'S CONTRACT WITH TN DGS. RESPONDENT FURTHER ASSERTS THAT THE FACILITIES MANAGER ORALLY ADVISED THEM THAT THE TRANSFORMER HAD BEEN TESTED FOR PCBs AND THAT THE RESULTS WERE NEGATIVE BUT THAT HE COULD NOT FIND A COPY OF THE LAB REPORT SHOWING THE SAMPLING RESULTS.
BASED ON THE STATEMENT OF THE SCHOOL'S FACILITIES MANAGER THAT THE TRANSFORMER TESTED NEGATIVE FOR PCBs, RESPONDENT AND ELG DECIDED THAT ELG COULD REMOVE THE TRANSFORMER FROM THE SCHOOL. ELG SUBSEQUENTLY TRANSP