EPA v. CDP JOHNSON FERRY LR, LLC

Case summary

2/25/2010 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $680, DUE WITHIN 30 DAYS. SOMETIME BETWEEN APRIL 27, 2009 AND MAY 6, 2009, BUILDINGS PREVIOUSLY UTILIZED FOR COMMERCIAL PURPOSES AT THE FACILITY WERE DEMOLISHED BY FORSYTH GRADING AND HAULDING, INC., A SUBCONTRACTOR HIRED BY YOUNG CONTRACTING, INC., THE CONTRACTOR HIRED BY THE RESPONDENT. ON MAY 6, 2009, EPA PERFORMED AN INSPECTION AT THE FACILITY AND DISCOVERED THAT BUILDINGS HAD BEEN DEMOLISHED. THE PROJECT NOTIFICATION FOR THE SITE DATED APR 23, 2009, LISTED THE DATES OF DEMOLITION AS APR 27, 2009 THRU MAY 22, 2009. THE NOTIFICATION DID NOT INCLUDE THE NAME, ADDRESS AND PHONE NUMBER OF THE DEMOLITION CONTRACTOR. RESPONDENT VIOLATED CAA SECTION 112 AND 40 CFR 61.145(b)(1), BY FAILING TO PROVIDE WRITTEN NOTICE OF INTENTION TO DEMOLISH OR RENOVATE A REGULATED FACILITY 10 WORKING DAYS BEFORE DEMOLITION BEGINS. RESPONDENT VIOLATED CAA SEC 112 AND 40 CFR 61.145(b)(4)(ii) BY FAILING TO PROVIDE THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE FACILITY OPERATOR IN THE WRITTEN NOTICE OF INTENTION TO DEMOLISH A REGULATED FACILITY.

Defendants (1)

• CDP JOHNSON FERRY LR, LLCNamed in complaintNamed in settlement

Facilities (1)

• CHATTAHOOCHEE HOME AND GARDEN

  4773 LOWER ROSWELL ROAD, MARIETTA, GA, 30068

  Registry ID: 110039160458

Statutes cited

• CAA 112B — Asbestos

Enforcement conclusions (1)

• CDP JOHNSON FERRY LR, LLCentered 2010-02-25

  Primary law: CAA

  Federal penalty: $680

Timeline (4 milestones)

• 2010-02-25Complaint Filed/Proposed Order
• 2010-02-25Final Order Issued
• 2010-03-01Enforcement Action Closed
• 2010-03-02Enforcement Action Data Entered