9/8/2020 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $4,487. PENALTY DUE WITHIN 30 DAYS.
ALLEGED VIOLATIONS:
PURSUANT TO 40 C.F.R. ? 61.145(A), EACH OWNER OR OPERATOR OF A RENOVATION OR DEMOLITION ACTIVITY IS REQUIRED TO THOROUGHLY INSPECT THE FACILITY OR PORTION OF THE FACILITY AFFECTED FOR ASBESTOS CONTAINING MATERIALS PRIOR TO BEGINNING THE DEMOLITION OR RENOVATION ACTIVITY.
BASED ON THE FACTUAL ALLEGATIONS SET FORTH ABOVE IN THE ?FINDINGS OF FACTS? OF THIS CAFO THAT BASED ON GEORGIA EPD?S INVESTIGATION INITIATED ON FEBRUARY 4, 2019, WHICH INCLUDED, BUT WAS NOT LIMITED TO, INSPECTING THE FACILITY, COLLECTING SAMPLES OF SUSPECTED ASBESTOS CONTAINING MATERIAL FOR TESTING AND INTERVIEWING THE RESPONDENT AND SERVPRO PERSONNEL, AND THE EPA?S FOLLOW-UP COMMUNICATION WITH THE RESPONDENT AND SERVPRO, IT WAS DETERMINED THAT THE
FACILITY OR PORTION OF THE FACILITY AFFECTED FOR ASBESTOS-CONTAINING MATERIALS WAS NOT THOROUGHLY INSPECTED PRIOR TO BEGINNING THE RENOVATION ACTIVITY, AS REQUIRED BY THE REGULATIONS PERTAINING TO ASBESTOS FOUND AT 40 C.F.R. PART 61, SUBPART M, AND AS DESCRIBED MORE PARTICULARLY IN SECTION V
BELOW.
THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 112 OF THE CAA, 42 U.S.C. ? 7412 AND 40 C.F.R. ? 61.145(A) BY FAILING TO CONDUCT A THOROUGH ASBESTOS INSPECTION OF THE FACILITY PRIOR TO CONDUCTING THE RENOVATION ACTIVITY.