EPA v. VENTURE CONSTRUCTION COMPANY

Case summary

11/10/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $509. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: DEMOLITION OCCURRED SOMETIME AFTER JUNE 29, 2011, AT A FACILITY FORMERLY LOCATED AT 5471 ALABAMA HIGHWAY IN RINGGOLD, GEORGIA (THE FACILITY). THE FACILITY WAS FORMERLY A COMMERCIAL BUILDING OPERATING AS A MCDONALD'S RESTAURANT. RESPONDENT OPERATED, CONTROLLED AND/OR SUPERVISED THE DEMOLITION OPEATION AT THE FACILITY. RESPONDENT IS THEREFORE AN OWNER OR OPERATOR OF A RENOVATION OR DEMOLITION ACTIVITY. RESPONDENT FAILED TO NOTIFY THE STATE OF GEORGIA BY TELEPHONE AND IN WRITING OF THE NEW START DATE FOR THE DEMOLLITION OF THE FACILITY THAT BEGAN AFTER THE START DATE CONTAINED IN THE ORIGINAL WRITTEN NOTICE OF INTENT TO DEMOLISH AS SOON AS POSSIBLE, BEFORE AND NO LATER THAN THE ORIGINAL START DATE. RESPONDENT FAILED TO INCLUDE IN THE NOTIFICATION, THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE WASTER TRANSPORTER. IN VIOLATION OF THE CAA, 42 U.S.C. SECTION 7412, AND 40 CFR SECTION 61.145(b)(3)(xvii).

Defendants (1)

• VENTURE CONSTRUCTION COMPANYNamed in complaintNamed in settlement

Facilities (1)

• FORMERLY MCDONALD'S

  5471 ALABAMA HIGHWAY, RINGGOLD, GA, 30736

  Registry ID: 110044873447

Statutes cited

• CAA 112B — Asbestos

Enforcement conclusions (1)

• VENTURE CONSTRUCTION COMPANYentered 2011-11-17

  Primary law: CAA

  Federal penalty: $509

Timeline (4 milestones)

• 2011-11-17Final Order Issued
• 2011-11-17Complaint Filed/Proposed Order
• 2011-11-18Enforcement Action Closed
• 2011-11-21Enforcement Action Data Entered