EPA v. EASTERN EXCAVATING COMPANY, INC.

Case summary

2/8/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,534. RESONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: DEMOLITION OCCURRED BETWEEN APRIL 11, 2011, AND SEPTEMBER 30, 2011, AT A FACILITY FORMERLY KNOWN AS THE CIRCUIT CITY SHOPPING CENTER LOCATED AT 440 GLYNN ISLES IN BRUNSWICK, GEORGIA (THE FACILITY). THE FACILITY BEING DEMOLISHED WAS PART OF A COMMERCIAL BUILDING THAT WAS A PORTION OF A STRIP MALL. 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. A WRITTEN NOTICE OF INTENTION TO DEMOLISH THE FACILITY, POSTMARKED MAY 16, 2011, WAS SENT TO THE GEORGIA DEPARTMENT OF NATURAL RESOURCES, GEORGIA ENVIRONMENTAL PROTECTION DIVISION, LEAD-BASED PAINT AND ASBESTOS PROGRAM. THE WRITTEN NOTICE INDICATED THAT THE DEMOLITION OPERATION WAS TO BE CONDUCTED BETWEEN MAY 16, 2011, AND MAY 19, 2011. RESPONDENT VIOLATED SECTION 112 OF THE CAA., BY FAILING TO PROVIDE THE STATE OF GEORGIA WITH WRITTEN NOTICE OF INTENTION TO DEMOLISH THE FACILITY 10 WORKING DAYS BEFORE DEMOLITION BEGAN.

Defendants (1)

• EASTERN EXCAVATING COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• 440 GLYNN ISLES FKA CIRCUIT SHOPPING CENTER

  440 GLYNN ISLES, BRUNSWICK, GA, 31525

  Registry ID: 110044224862

Statutes cited

• CAA 112B — Asbestos

Enforcement conclusions (1)

• EASTERN EXCAVATING COMPANY, INC.entered 2012-02-08

  Primary law: CAA

  Federal penalty: $7,534

Timeline (4 milestones)

• 2012-02-08Final Order Issued
• 2012-02-08Complaint Filed/Proposed Order
• 2012-02-22Enforcement Action Data Entered
• 2012-02-23Enforcement Action Closed