EPA v. COASTAL PLAINS ENVIRONMENTAL, INC.

Case summary

9/21/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $300. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: RESPONDENT OPERATED THE RENOVATION OPERATION AT THE FACILITY AND SUBMITTED A WRITTEN NOTICE OF INTENTION TO RENOVATE AND DEMOLISH THE FACILITY TO THE GA EPD (THE NOTICE). THEREFORE, RESPONDENT IS AN OWNER OR OPERATOR OF A RENOVATION OR DEMOLITION ACTIVITY. RESPONDENT SUBMITTED THE NOTICE ON OR ABOUT JULY 10, 2012, INDICATING A DEMOLITION START DATE OF JULY 12, 2012. HOWEVER, THE DEMOLITION DID NOT START UNTIL JULY 20, 2012. RESPONDENT REPRESENTED THAT THE NOTICE WAS SUBMITTED, IN GOOD FAITH, AS AN EMERGENCY DEMOLITION NOTIFICATION BASED ON AN UNDERSTANDING OF GA EPD REGULATIONS AND THEREFORE, RESPONDENT WAS IN COMPLIANCE WITH THE REQUIREMENTS OF 40 C.F.R. PART 61, SUBPART M. HOWEVER, THE DEMOLITION DID NOT MEET THE CONDITIONS OF AN EMERGENCY DEMOLITION, PURSUANT 40 40 C.F.R. SECTION 61.145(a)(3). SINCE THE DEMOLITION CONDUCTED BY THE RESPONDENT DID NOT MEET THE CONDITIONS OF AN EMERGENCY DEMOLITION, PURSUANT TO 40 C.F.R. SECTION 61.145(b)(3)(iv)(A), RESPONDENT WAS REQUIRED TO SUBMIT AN UPDATED NOTICE TO THE GA EPA TO CORRECTLY IDENTIFY THE NEW DEMOLITION START DATE. RESPONDENT VIOLATED SECTION 11 OF THE CAA, BY FAILING TO NOTIFY GA EPD BY TELEPHONE AND BY FAILING TO PROVIDE WRITTEN NOTIFICATION OF THE NEW START DATE AS SOON POSSIBLE BEFORE, AND NO LATER THAN THE ORIGINAL START DATE WHEN THE DEMOLITION OPERATION WAS TO BEGIN AFTER THE START DATE CONTAINED IN THE NOTICE.

Defendants (1)

• COASTAL PLAINS ENVIRONMENTAL, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• FORMER SERVICE STATION

  1258 LAKES BOULEVARD, LAKE PARK, GA, 31636

  Registry ID: 110054095386

Statutes cited

• CAA 112B — Asbestos

Enforcement conclusions (1)

• COASTAL PLAINS ENVIRONMENTAL, INC.entered 2012-09-21

  Primary law: CAA

  Federal penalty: $300

Timeline (4 milestones)

• 2012-09-21Complaint Filed/Proposed Order
• 2012-09-21Final Order Issued
• 2012-09-22Enforcement Action Data Entered
• 2012-10-23Enforcement Action Closed