EPA v. C.D. MOODY CONSTRUCTION COMPANY, INC.

Case summary

11/17/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,373. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: DEMOLITION OCCURRED BETWEEN MAY 5, 2011, AND MAY 8, 2011, AT A FACILITY FORMERLY LOCATED AT 400 0AK STREET SOUTHWEST IN EASTMAN, GEORGIA (THE FACILITY). THE FACILITY BEING DEMOLISHED WAS A SINGLE COMMERCIAL BUILDING THAT HAD BEEN USED AS A MCDONALD'S RESTAURANT. RESPONDENT OWNED, LEASED, OPERATED, CONTROLLED OR SUPERVISED THE DEMOLITION OPERATION AT THE FACILITY. RESPONDENT IS THEREFORE AN OWNER OR OPERATOR OF A RENOVATION OR DEMOLITION ACTIVITY. RESPONDENT VIOLATED SECTION 112 OF THE CAA, 42 U.S.C. SECTION 7412, AND 40 CFR SECTION 61.145(b) BY FAILING TO PROVIDE THE STATE OF GEORGIA WITH WRITTEN NOTICE OF INTENTION TO DEMOLISH THE FACILITY.

Defendants (1)

• C.D. MOODY CONSTRUCTION COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• MCDONALDS

  400 OAK STREET, EASTMAN, GA, 31023

  Registry ID: 110044873429

Statutes cited

• CAA 112B — Asbestos

Enforcement conclusions (1)

• C.D. MOODY CONSTRUCTION COMPANY, INC.entered 2011-11-17

  Primary law: CAA

  Federal penalty: $6,373

Timeline (4 milestones)

• 2011-11-17Complaint Filed/Proposed Order
• 2011-11-17Final Order Issued
• 2011-11-21Enforcement Action Data Entered
• 2011-12-06Enforcement Action Closed