8/12/19 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,301. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
RESPONDENT CONDUCTED DEMOLITION ACTIVITY ON OR AROUND AUGUST 1, 2017, AT THE FORMER VIENNA HOSPITAL PREVIOUSLY LOCATED AT 1300 EAST UNION STREET IN VIENNA, GEORGIA 30192 (THE FACILITY).
AT THE TIME OF THE DEMOLITION, THE BUILDING REFERENCED IN PARAGRAPH 18 MET THE DEFINITION OF A FACILITY.
THE RESPONDENT IS THE CONTRACTOR RESPONSIBLE FOR THE DEMOLITION OF THE FACILITY. THEREFORE, RESPONDENT MEETS THE DEFINITION OF AN OWNER OR OPERATOR OF A RENOVATION OR DEMOLITION ACTIVITY.
EPA INSPECTORS WENT TO THE FACILITY ON JUNE 26, 2018, TO CONDUCT AN INSPECTION. AT THE TIME OF THIS INSPECTION, THE DEMOLITION HAD BEEN COMPLETED.
BASED ON AN INVESTIGATION, THE EPA DETERMINED THAT THE RESPONDENT DID NOT PROVIDE THE STATE OF GEORGIA WITH ANY WRITTEN NOTICE OF INTENTION TO DEMOLISH THE FACILITY, AS REQUIRED BY THE REGULATIONS PERTAINING TO ASBESTOS FOUND AT 40 CFR PART 61, SUBPART M.
PURSUANT TO 40 CFR SECTION 61.145(b) , EACH OWNER OF A RENOVATION OR DEMOLITION OPERATION IS REQUIRED TO PROVIDE THE ADMINISTRATOR WRITTEN NOTICE OF INTENT TO DEMOLISH OR RENOVATE 10 DAYS PRIOR TO THE DEMOLITION OR RENOVATION.
BASED ON THE FACTUAL ALLEGATIONS SET FORTH ABOVE IN SECTION D, THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 112 OF THE CAA, BY FAILING TO PROVIDE THE STATE OF GEORGIA WITH WRITTEN NOTICE OF INTENT TO DEMOLISH T