10/7/14 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $3,900, DUE WITHIN 30 DAYS.
ALLEGATIONS:
RENOVATION OCCURRED ON OR AFTER JUNE 25, 2012 AT A FACILITY LOCATED AT 4111 NORTHSIDE PARKWAY IN ATLANTA, GA. AT THE TIME OF RENOVATION, THE FACILITY WAS THE LAKESIDE BUILDING OF THE FORMER IBM COMPLEX. THEREFORE, THE FACILITY MET THE DEFINITION OF A FACILITY BY BEING A COMMERCIAL BUILDING. RESPONDENT CONTROLLED THE RENOVATION OPERATION AT THE FACILITY. THEREFORE, RESPONDENT IS AN OWNER OR OPERATOR OF A RENOVATION OR DEMOLITION ACTIVITY.
EPA DETERMINED RESPONDENT'S COMPLIANCE THRU AN INSPECTION AND REVIEW OF THE ORIGINAL WRITTEN NOTICE OF INTENT TO CONDUCT RENOVATION ACTIVITY AT THE FACILITY AND TWO SUBSEQUENT REVISIONS.
THE ORIGINAL NOTICE IDENTIFIED MAY 16, 2012, AS THE ORIGINAL START DATE OF THE RENOVATION. THE FIRST REVISED NOTICE SIGNED ON JUNE 15, 2012, CHANGED THE RENOVATION START DATE TO JUNE 18, 2012. A SECOND REVISED NOTICE SIGNED ON AUG 28, 2012, CHANGED THE RENOVATION START DATE TO JUNE 25, 2012. THE FIRST AND SECOND REVISED NOTICES WERE NOT SUBMITTED PRIOR TO THE ORIGINAL START DATE AND THE REVISED START DATE, RESPECTIVELY. IN ADDITION, NO NOTIFICATION OF THE REVISED START DATES WAS PROVIDED BY TELEPHONE AS SOON AS POSSIBLE BEFORE THE ORIGINAL START DATE OR THE START DATE INCLUDED IN THE MOST RECENT REVISION.
THE NOTICES DID NOT INCLUDE ANY INFO ABOUT THE AGE OF THE FACILITY.
PURSUANT TO 40 CFR 61.145(b)(3)(iv), IN PART, WHEN THE ASB