EPA v. D & A ENTERPRISES, INC.

Case summary

9/13/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $396. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: RESPONDENT SUBMITTED WRITTEN NOTICES OF THE INTENT TO DEMOLISH THE FACILITY (THE NOTICES), DATED MAY 9, 2012, TO THE GA EPD. THE NOTICES IDENTIFIED THE DEMOLITION START DATE AS MAY 18, 2012. PURSUANT TO 40 CFR SECTION 61.145(b)(3)(iv)(A), RESPONDENT WAS REQUIRED TO SUBMIT AN UPDATED NOTIFICATION TO GA EPD TO CORRECTLY IDENTIFY JUNE 6, 2012, AS THE NEW DEMOLITION START DATE. RESPONDENT VIOLATION SECTION 112 OF THE CAA, BY FAILING TO NOTIFY GA EPA BY TELEPHONE AND BY FAILING TO PROVIDE WRITTEN NOTIFICATION OF THE NEW START DATE AS SOON AS POSSIBLE BEFORE, AND NO LATER THAN THE ORIGINAL START DATE WHEN THE DEMOLITION OPERATION WAS TO BEGIN AFTER THE DATE CONTAINED IN THE NOTICES. THE NOTICIES DID NOT IDENTIFY THE NAME, ADDRESS AND TELEPHONE NUMBER OF RESPONDENT, AS THE DEMOLITION CONTRACTOR. PURSUANT TO 40 CFR SECTION 61.145(b)(4)(ii), RESPONDENT WAS REQUIRED TO IDENTIFY IN THE OTICES, THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE OPERATOR OF THE DEMOLITION ACTIVITIES AT THE FACILITY. RESPONDENT VIOLATED SECTION 112 OF THE CAA, BY FAILING TO INCLUDE IN THE NOTICES, THE NAME ADDRESS AND TELEPHONE NUMBER OF RESPONDENT AS THE OPERATOR OF THE DEMOLITION OPERATION AT THE FACILITY.

Defendants (1)

• D&A ENTERPRISES, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• PARCEL 16-S1

  4279 WASHINGTON ROAD, EVANS, GA, 30809

  Registry ID: 110054075004

Statutes cited

• CAA 112B — Asbestos

Enforcement conclusions (1)

• D & A ENTERPRISES, INC.entered 2012-09-13

  Primary law: CAA

  Federal penalty: $396

Timeline (4 milestones)

• 2012-09-13Complaint Filed/Proposed Order
• 2012-09-13Final Order Issued
• 2012-09-14Enforcement Action Data Entered
• 2012-10-09Enforcement Action Closed