EPA v. GEORGE SIMS D/B/A JOINT CONSTRUCTION ONE

Case summary

5/24/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A ZERO PENALTY. IN SETTLEMENT OF THIS MATTER, RESPONDENT AGREES THAT ANY RENOVATIONS OR DEMOLITIONS CONDUCTED IN THE FUTURE AT ANY FACILITIES FOR WHICH THE RESPONDENT IS AN OWNER OR OPERATOR WILL BE CONDUCTED IN ACCORDANCE WITH ALL OF THE REGULATORY RQUIREMENTS CONTAINED IN 40 CFR PART 61, SUBPART M, PROMULGATED TO SECTION 112 OF THE CAA. AN ANALYSIS OF THE RESPONDENT'S ABILITY TO PAY A CIVIL CONDUCTED BY EPA SHOWS THAT THE RESPONDENT CURRENTLY HAS NOT ABILITY TO PAY A CIVIL PENALTY. ORDER ALLEGES: ON OR AFTER APRIL 14, 2009, RSPONDENT DEMOLISHED THE FACILITY LOCATED AT 724 11TH STREET NW, ATLANTA, GEORGIA. DEMOLITION IS DEFINED AS 40 C.F.R. SECTION 61.141 AS THE WRECKING OR TAKING OUT OF ANY LOAD-SUPPORTING STRUCTURAL MEMBER OF A FACILITY TOGETHER WITH ANY RELATED HANDLING OPERATIONS, OR THE INTENTIONAL BURNING OF ANY FACILITY. RESPONDENT VIOLATED SECTION 112 OF THE CAA, BY FAILING TO PROVIDE WRITTEN NOTICE OF INTENTION TO DEMOLISH OR RENOVATE A REGULATED FACILITY.

Defendants (2)

• GEORGE SMIS (SB)Named in complaintNamed in settlement
• JOINT CONSTRUCTION ONE (SB)Named in complaint

Facilities (1)

• RESIDENCE

  724 11TH ST NW, ATLANTA, GA, 00000

  Registry ID: 110040064827

Statutes cited

• CAA 112B — Asbestos

Enforcement conclusions (1)

• GEORGE SIMS D/B/A JOINT CONSTRUCTION ONEentered 2011-05-24

  Primary law: CAA

Timeline (3 milestones)

• 2011-05-24Final Order Issued
• 2011-05-24Complaint Filed/Proposed Order
• 2011-05-31Enforcement Action Data Entered