3/17/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $13,257. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES: ON OR AFTER MAY 25, 2009, RESPONDENT DEMOLISHED FACILITY A LOCATED AT 901 OLDE MILL LANE, BUILDINGS 800 AND 900, NORCROSS, GEORGIA. FACILITY A CONSISTED OF FIRE DAMAGED CONDOMINIUM BUILDINGS. DEMOLITION IS DEFINED IN 40 CFR SECTION 61.141 AS THE WRECKING OR TAKING OUT OF ANY LOAD-SUPPORTING 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, BY FAILING TO PROVIDE WRITTEN NOTICE OF INTENTION TO DEMOLISH FACILITY A PRIOR TO THE INITIATION OF DEMOLITION ACTIVITIES.
ON OCTOBER 6, 2009, RESPONDENT SUBMITTED PROJECT NOTIFICATION NUMBER 18956 TO THE GEORGIA ENVIRONMENTAL PROTECTION DIVISION FOR THE DEMOLITION OF FACILITY B LOCATED AT 1500 LAKES PARKWAY, LAWRENCEVILLE, GEORGIA. THE DEMOLITION START DATE LISTED ON THE PROJECT NOTIFICATION WAS OCTOBER 5, 2009. RESPONDENT SUBMITTED PROJECT NOTIFICATION NUMBER 18956 AFTER THE LISTED DEMOLITION START DATE. RESPONDENT VIOLATED SECTION 112 OF THE CAA BY FAILING TO POSTMARK OR DELIVER A WRITTEN NOTICE OF INTENTION TO DEMOLISH FACILITY B AT LEAST 10 WORKING DAYS PRIOR TO THE INITIATION OF DEMOLITION ACTIVITIES.