2/23/2012 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $509 DUE WITHIN 30 DAYS.
ALLEGATIONS:
RESPONDENT SENT AN AMENDED NOTICE TO THE STATE OF GA, DATED DEC 21, 2011, OF THE INTENT TO ABATE ASBESTOS PRIOR TO COMPLETING THE DEMOLITION OF A FORM SUPER INN MOTEL LOCATED AT 1602 GORDON HWY, AUGUSTA, GA TO COVER STATE OF GA ASBESTOS ABATEMENT FEES.
THE FACILITY WAS AN INSTALLATION OF SEVEN DERELICT COMMERCIAL BUILDINGS CONSISTING OF A FORMER MOTEL OFFICE/NIGHT CLUB BUILDING AND SIX MOTEL UNIT BUILDINGS.
RESPONDENT WAS IDENTIFIED AS THE ASBESTOS ABATEMENT CONTRACTOR IN THE NOTICE.
RESPONDENT IS THEREFORE AN OWNER OR OPERATOR OF A RENOVATION OR DEMOLITION ACTIVITY>
THE NOTICE INDICATED A START DATE FOR THE ASBESTOS ABATEMENT OF DEC 8, 2011, AND A COMPLETION DATE OF DEC 25, 2011.
AS OF DEC 13, 2011, NO ASBESTOS ABATEMENT HAD BEEN CONDUCTED AT THE FACILITY.
PURSUANT TO 40 CFR 61.145(b)(4)(viii), A NOTICE OF THE INTENT TO ABATE ASBESTOS MUST INCLUDE THE SCHEDULED STARTING AND COMPLETION DATES OF ASBESTOS REMOVAL WORK.
RESPONDENT INDICATED THAT THE START AND COMPLETION DATES ON TEH NOTICE FOR THE ASBESTOS ABATEMENT WERE NOT TEH ACTUAL SCHEDULED START AND COMPLETION DATES AND SHOULD HAVE BEEN CORRECTED PRIOR TO SUBMITTED TO THE STATE OF GA.
RESPONDENT VIOLATED CAA 112 AND 40 CFR 61.145(b)(4)(viii) BY FAILING TO INCLUDE IN THE NOTICE THE ACTUAL SCHEDULED STARTING AND COMPLETION DATES OF ASBESTOS REMOVAL WORK.