4/17/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $509, DUE WITHIN 30 DAYS.
ALLEGATIONS:
RESPONDENT IS A COMPANY LICENSED TO OPERATE IN THE STATE OF GA.
DEMOLITION OCCURRED ON OR AFTER APR 10, 2011, AT A FACILITY LOCATED AT 2133 PIEDMONT ROAD, ATLANTA, GA.
THE FACILITY BEING DEMOLISHED WAS A COMMERCIAL BUILDING THAT HAD BEEN USED AS RETAIL AND WAREHOUSE SPACE.
RESPONDENT OWNED, LEASED, OPERATED, CONTROLLED OR SUPERVISED THE DEMOLITION OPERATION AT THE FACILITY. THEREFORE, RESPONDENT IS AN OWNER OR OPERATOR OF A RENOVATION OR DEMOLITION ACTIVITY.
A WRITTEN NOTICE OF INTENTION TO DEMOLISH THE FACILITY (THE NOTICE), POSTMARKED MARCH 31, 2011, WAS SENT TO THE GA DEPT OF NATURAL RESOURCES, GA ENVIRONMENTAL PROTECTION DIV, LEAD-BASED PAINT AND ASBESTOS PROGRAM. THE NOTICE INDICATED THAT THE DEMOLITION OPERATION WAS TO START ON MAR 24, 2011. HOWEVER, ACCORDING TO DOCUMENTATION SUBMITTED TO EPA BY RESPONDENT, THE ACTUAL SCHEDULED START DATE FOR THE DEMOLITION WAS APR 11, 2011, AND RESPONDENT NEVER INTENDED OR ACTUALLY SCHEDULED THE DEMOLITION TO BEGIN ON MARCH 24, 2011.
RESPONDENT VIOLATED CAA 112 AND 40 CFR 61.145(b)(4)(ix) BY FAILING TO IDENTIFY, IN THE NOTICE, THE ACTUAL SCHEDULED START DATE FOR THE DEMOLITION ACTIVITY.