EPA v. FERRELL W. KITCHENS

Case summary

3/25/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,716. RESPONDENT SHALL MAKE EIGHT INSTALLMENT PAYMENTS OVER A TWO YEAR PERIOD. THE FIRST PAYMENT OF $762.75 IS DUE BY APRIL 25, 2010. THE LAST PAYMENT OF $725.42 IS DUE BY FEBRUARY 2012. ORDER ALLEGES: RESPONDENT VIOLATED SECTION 112 OF THE CAA, 42 U.S.C. SECTION 7412 AND 40 C.F.R. SECTION 61.145(a), BY FAILING TO INSPECT THE FACILITY FOR THE PRESENCE OF ASBESTOS PRIOR TO THE INITIATION OF DEMOLITION ACTIVITIES. RESPONDENT VIOLATED SECTION 112 OF THE CAA, 42 U.S.C SECTION 7412, AND 40 C.F.R. SECTION 61.145(a), BY FAILING TO PROVIDE WRITTEN NOTICE OF INTENTION TO DEMOLISH THE FACILITY PRIOR TO THE INITIATION OF DEMOLITION ACTIVITIES.

Defendants (1)

• FERRELL W. KITCHENS (SB)Named in complaintNamed in settlement

Facilities (1)

• HOUSES - DRY BRANCH, GA

  4718 OLD GORDON ROAD, DRY BRANCH, GA, 31020

  Registry ID: 110039155311

Statutes cited

• CAA 112B — Asbestos

Enforcement conclusions (1)

• FERRELL W. KITCHENSentered 2010-03-25

  Primary law: CAA

  Federal penalty: $5,716

Timeline (4 milestones)

• 2010-03-25Final Order Issued
• 2010-03-25Complaint Filed/Proposed Order
• 2010-03-29Enforcement Action Data Entered
• 2012-01-10Enforcement Action Closed