8/27/2025 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $5,425. PENALTY DUE WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO.
ALLEGED VIOLATIONS:
FROM APPROXIMATELY MARCH 10, 2025, THROUGH MARCH 20, 2025, RESPONDENT CONDUCTED RENOVATION ACTIVITY CONSISTING OF REMOVING THE OUTER SKIN FROM A TRAILER (FACILITY). THE FACILITY IS THE SNACK SHACK AT THE ATLANTA BOTANICAL GARDENS LOCATED IN NORTHEAST ATLANTA, GEORGIA (FACILITY). THE CITY OF ATLANTA ISSUED A PERMIT FOR DEMOLITION ACTIVITY AT THE FACILITY ON JANUARY 7, 2025. AFTER THE ISSUANCE OF THIS PERMIT, THE OWNER OF THE FACILITY DECIDED TO RENOVATE THE TRAILER RATHER THAN DEMOLISHING OR MOVING THE TRAILER. IN DISCUSSIONS AND EMAIL CORRESPONDENCE SUBSEQUENT TO THE INSPECTION, RESPONDENT CONFIRMED THAT NO ASBESTOS INSPECTION WAS CONDUCTED PRIOR TO BEGINNING THE RENOVATION ACTIVITY AT THE FACILITY.
BASED ON THE EPA?S COMPLIANCE MONITORING INVESTIGATION, THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 112 OF THE ACT, 42 U.S.C. ? 7412, AND 40 C.F.R. PART 61, SUBPART M, NATIONAL
EMISSION STANDARD FOR ASBESTOS, WHEN IT FAILED TO CONDUCT A THOROUGH INSPECTION FOR ASBESTOSCONTAINING MATERIALS PRIOR TO BEGINNING RENOVATION ACTIVITY, AS REQUIRED BY 40 C.F.R. ? 61.145(A).