EPA v. FORSYTH GRADING AND HAULING, LLC

Case summary

4/21/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $680, DUE IN 6 INSTALLMENT PAYMENTS. FIRST PAYMENT DUE 30 DAYS AFTER FILING AND SUBSEQUENT PAYMENTS WILL BE DUE EVERY MONTH THEREAFTER. RESPONDENT WAS THE DEMOLITION CONTRACTOR RESPONSIBLE FOR THE DEMOLITION OF A FACILITY WHERE A PROPOSED CVS DRUGSTORE IS TO BE BUILT. AT THIS SITE, BUILDINGS PREVIOUSLY LOCATED AT 681, 685, AND 703 JOHNSON FERRY ROAD, AND 4473 LOWER ROSWELL ROAD IN MARIETTA, GA WERE DEMOLISHED. SOMETIME BETWEEN APR 27, 2009, AND MAY 6, 2009, BUILDINGS PREVIOUSLY UTILIZED FOR COMMERCIAL PURPOSES AT THE FACILITY WERE DEMOLISHED BY THE RESPONDENT, A SUBCONTRACTOR HIRED BY YOUNG CONTRACTING COMPANY, INC., THE GENERAL CONTRACTOR. 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 INCLUDED THE NAME, ADDRESS, AND PHONE NUMBER OF THE DEMOLITION CONTRACTOR. RESPONDENT VIOLATED CAA SEC 112 AND 40 CFR 61.145(b)(1), BY FAILING TO PROVIDE WRITTEN NOTICE OF INTENTION TO DEMOLISH OR RENOVATE A REGULATED FACILITY AT LEAST 10 WORKING DAYS BEFORE DEMOLITION BEGAN. RESPONDENT VIOLATED CAA SEC 112 AND 40 CFR 61.145(b)(4)(ii) BY FAILING TO PROVIDE THE NAME, ADDRESS, AND PHONE NUMBER OF THE FACILITY OPERATOR IN THE WRITTEN NOTICE OF INTENTION TO DEMOLISH A REGULATED FACILITY.

Defendants (1)

• FORSYTH GRADING AND HAULING, 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)

• FORSYTH GRADING AND HAULING, LLCentered 2010-04-21

  Primary law: CAA

  Federal penalty: $680

Timeline (3 milestones)

• 2010-04-21Complaint Filed/Proposed Order
• 2010-04-21Final Order Issued
• 2010-05-05Enforcement Action Data Entered