3/25/10 - CONSENT AGMT ISSUED.
FINDINGS OF FACT AND DETERMINATIONS:
ON OR AROUND SEPT 22, 2005, RESPONDENT AND/OR A CONTRACTOR FOR RESPONDENT DEMOLISHED THE FACILITY. RESPONDENT WAS AN OWNER AND/OR OPERATOR OF THE DEMOLITION ACTIVITIES THAT OCCURRED WITH THE FACILITY WAS DEMOLISHED ON OR AROUND SEPT 22, 2005. THEREFORE, RESPONDENT WAS SUBJECT TO THE REQUIREMENTS OF THE ASBESTOS NESHAP.
RESPONDENT FAILED TO PROVIDE NOTICE OF A DEMOLITION PROJECT AT LEAST 10 DAYS PRIOR TO BEGINNING DEMOLITION ACTIVITY AS REQUIRED BY 40 CFR 61.145(b). THEREFOR, RESPONDENT HAS VIOLATED THE ASBESTOS NESHAP AND SECTION 112 OF THE CAA.
RESPONDENT HAS AGREED THAT HE WILL TAKE ALL NECESSARY STEPS TO ENSURE THAT ANY FUTURE RENOVATION AND/OR DEMOLITION WORK PERFORMED AT ANY FACILITIES WHICH HE OWNS OR OPERATES WILL BE CONDUCTED IN FULL COMPLIANCE WITH THE ASBESTOS NESHAP REQUIREMENTS.