# ROME, GEORGIA CITY OF
> **Judicial** · FY1991 · — · Final Order With Penalty
## Case
- **Activity ID:** `20695`
- **Case Number:** 04-1991-0015
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $15K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- GERALD MCCARTY D/B/A SOUTHERN CONTRACTIN (complaint) (settlement)
- ROME, GEORGIA CITY OF (complaint) (settlement)
- SOUTHERN CONTRACTING (complaint) (settlement)
## Summary

THE CITY OF ROME, GEORGIA (ROME) AND SOUTHERN           CONTRACTING (SOUTHERN) VIOLATED THE ASBESTOS NESHAP          PROVISIONS OF THE CAA DURING THE DEMOLITION OF THE OLD FLOYD COUNTY JAIL (JAIL).  ROME WAS THE OWNER OF THE JAIL AND      SOUTHERN WAS THE CONTRACTOR FOR THE JAIL DEMOLITION.  THE    JAIL DEMOLITION OCCURRED IN 1987.  ROME AND SOUTHERN ARE     CHARGED WITH CAA VIOLATIONS BECAUSE OF THEIR IMPROPER        HANDLING OF ASBESTOS CONTAINING MATERIAL IN THE JAIL DURING  THE DEMOLITION PROJECT.                                           ROME AND SOUTHERN HAVE VIOLATED THE NATIONAL EMISSION   STANDARD FOR ASBESTOS, FOUND AT 40 CODE OF FEDERAL REGULA-   TIONS (C.F.R.) PART 61, SUBPART M.  ROME AND SOUTHERN        VIOLATED THE ASBESTOS NESHAP BY:  1) FAILING TO PROVIDE      TIMELY REMOVAL NOTICE; 2) FAILURE TO REMOVE ASBESTOS CON-    TAINING MATERIAL (ACM) PRIOR TO DEMOLITION PROJECT; 3)       FAILING TO ENSURE THAT THE FRIABLE ACM REMAINED WER UNTIL    COLLECTION FOR DISPOSAL; 4) DISCHARGING VISIBLE EMISSIONS TO THE OUTSIDE AIR DURING REMOVAL; AND 5) IMPROPERLY DISPOSING  OF FRIABLE ACM.  EPA IS SEEKING INJUNCTION AGAINST FUTURE    VIOLATIONS AND PENALTIES FOR PAST VIOLATIONS.  A DRAFT       CONSENT DECREE IS INCLUDED FOR REVIEW.  WE RECOMMEND         NEGOTIATIONS BETWEEN REGION IV AND ROME AND SOUTHERN AIMED   AT SECURING A SATISFACTORY CIVIL PENALTY AND A JUDICIAL      CONSENT DECREE.

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*