8/18/2021 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $8,974. PENALTY DUE WITHIN 30 DAYS.
ALLEGED VIOLATIONS:
BASED ON EPA?S INVESTIGATION INITIATED ON MARCH 11, 2020, WHICH INCLUDED, BUT WAS NOT LIMITED TO, INSPECTING THE FACILITY, REVIEWING A RESPONSE TO AN EPA INFORMATION REQUEST LETTER SUBMITTED BY THE FACILITY OWNER, DEKALB COUNTY HOLDINGS, LLC, AND EPA?S FOLLOW-UP COMMUNICATIONS WITH LEGAL COUNSEL FOR THE RESPONDENT, 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 COMMENCING ON OR AROUND FEBRUARY 1, 2020, AS REQUIRED BY THE REGULATIONS PERTAINING TO ASBESTOS FOUND AT 40 C.F.R. PART 61, SUBPART M.
BASED ON THE FACTUAL ALLEGATIONS, 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.