EPA v. ROME, GEORGIA CITY OF

Case summary

THE CITY OF ROME, GEORGIA (ROME) AND SOUTHERN CONTRACTING (SOUTHERN) VIOLATED THE ASBESTOS NESHAP PROVISIONS OF THE CAA DURING THE DEMOLITION OF THE OLD FLOYD COUNTY JAIL (JAIL). ROME WAS THE OWNER OF THE JAIL AND SOUTHERN WAS THE CONTRACTOR FOR THE JAIL DEMOLITION. THE JAIL DEMOLITION OCCURRED IN 1987. ROME AND SOUTHERN ARE CHARGED WITH CAA VIOLATIONS BECAUSE OF THEIR IMPROPER HANDLING OF ASBESTOS CONTAINING MATERIAL IN THE JAIL DURING THE DEMOLITION PROJECT. ROME AND SOUTHERN HAVE VIOLATED THE NATIONAL EMISSION STANDARD FOR ASBESTOS, FOUND AT 40 CODE OF FEDERAL REGULA- TIONS (C.F.R.) PART 61, SUBPART M. ROME AND SOUTHERN VIOLATED THE ASBESTOS NESHAP BY: 1) FAILING TO PROVIDE TIMELY REMOVAL NOTICE; 2) FAILURE TO REMOVE ASBESTOS CON- TAINING MATERIAL (ACM) PRIOR TO DEMOLITION PROJECT; 3) FAILING TO ENSURE THAT THE FRIABLE ACM REMAINED WER UNTIL COLLECTION FOR DISPOSAL; 4) DISCHARGING VISIBLE EMISSIONS TO THE OUTSIDE AIR DURING REMOVAL; AND 5) IMPROPERLY DISPOSING OF FRIABLE ACM. EPA IS SEEKING INJUNCTION AGAINST FUTURE VIOLATIONS AND PENALTIES FOR PAST VIOLATIONS. A DRAFT CONSENT DECREE IS INCLUDED FOR REVIEW. WE RECOMMEND NEGOTIATIONS BETWEEN REGION IV AND ROME AND SOUTHERN AIMED AT SECURING A SATISFACTORY CIVIL PENALTY AND A JUDICIAL CONSENT DECREE.

Defendants (3)

• ROME, GEORGIA CITY OFNamed in complaintNamed in settlement
• SOUTHERN CONTRACTINGNamed in complaintNamed in settlement
• GERALD MCCARTY D/B/A SOUTHERN CONTRACTINNamed in complaintNamed in settlement

Facilities (1)

• OLD FLOYD COUNTY JAIL

  WEST 1ST ST, ROME, GA, 30163

  Registry ID: 110010584554

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• ROME, GA/MCCARTY/ SO. CONT.entered 1994-10-04

  Primary law: CAA

  Federal penalty: $15,000

Timeline (8 milestones)

• 1990-11-12Enforcement Action Data Entered
• 1990-12-28PRN Sent
• 1992-02-26Referred To Dept Of Justice
• 1992-10-12Complaint Filed With Court
• 1994-10-04Final Order Lodged
• 1994-10-04Final Order Entered
• 1994-10-04Concluded
• 1994-12-22Enforcement Action Closed