EPA v. ADS / TRINITY dba ATLANTA DEMOLITION

Case summary

10/7/14 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $3,900, DUE WITHIN 30 DAYS. ALLEGATIONS: RENOVATION OCCURRED ON OR AFTER JUNE 25, 2012 AT A FACILITY LOCATED AT 4111 NORTHSIDE PARKWAY IN ATLANTA, GA. AT THE TIME OF RENOVATION, THE FACILITY WAS THE LAKESIDE BUILDING OF THE FORMER IBM COMPLEX. THEREFORE, THE FACILITY MET THE DEFINITION OF A FACILITY BY BEING A COMMERCIAL BUILDING. RESPONDENT CONTROLLED THE RENOVATION OPERATION AT THE FACILITY. THEREFORE, RESPONDENT IS AN OWNER OR OPERATOR OF A RENOVATION OR DEMOLITION ACTIVITY. EPA DETERMINED RESPONDENT'S COMPLIANCE THRU AN INSPECTION AND REVIEW OF THE ORIGINAL WRITTEN NOTICE OF INTENT TO CONDUCT RENOVATION ACTIVITY AT THE FACILITY AND TWO SUBSEQUENT REVISIONS. THE ORIGINAL NOTICE IDENTIFIED MAY 16, 2012, AS THE ORIGINAL START DATE OF THE RENOVATION. THE FIRST REVISED NOTICE SIGNED ON JUNE 15, 2012, CHANGED THE RENOVATION START DATE TO JUNE 18, 2012. A SECOND REVISED NOTICE SIGNED ON AUG 28, 2012, CHANGED THE RENOVATION START DATE TO JUNE 25, 2012. THE FIRST AND SECOND REVISED NOTICES WERE NOT SUBMITTED PRIOR TO THE ORIGINAL START DATE AND THE REVISED START DATE, RESPECTIVELY. IN ADDITION, NO NOTIFICATION OF THE REVISED START DATES WAS PROVIDED BY TELEPHONE AS SOON AS POSSIBLE BEFORE THE ORIGINAL START DATE OR THE START DATE INCLUDED IN THE MOST RECENT REVISION. THE NOTICES DID NOT INCLUDE ANY INFO ABOUT THE AGE OF THE FACILITY. PURSUANT TO 40 CFR 61.145(b)(3)(iv), IN PART, WHEN THE ASBESTOS STRIPPING OR REMOVAL OPERATION OR DEMOLITION OPERATION WILL BEGIN AFTER THE DATE CONTAINED IN THE NOTICE, EACH OWNER OR OPERATOR OF A RENOVATION OR DEMOLITION ACTIVITY SHALL: 1) PROVIDE NOTIFICATION OF THE NEW START DATE BY TELEPHONE AS SOON AS POSSIBLE BEFORE THE ORIGINAL START DATE, AND 2) PROVIDE WRITTEN NOTICE OF THE NEW START DATE AS SOON AS POSSIBLE BEFORE, BUT NO LATER THAN, THE ORIGINAL START DATE. PURSUANT TO 40 CFR 61.145(b)(4)(iv), THE NOTIFICATION MUST INCLUDE A DESCRIPTION OF THE FACILITY OR AFFECTED PART OF THE FACILITY INCLUDING THE SIZE, AGE AND PRESENT AND PRIOR USE OF THE FACILITY. RESPONDENT VIOLATED CAA SEC 112 AND 40 CFR 61.145(b)(3)(iv) BY FAILING TO PROVIDE WRITTEN NOTICES OF REVISED RENOVATION START DATES PRIOR TO BUT NO LATER THAN THE ORIGINAL OR PREVIOUSLY NOTIFICED START DATES AND BY FAILING TO PROVIDE NOTICE OF THE REVISED START DATES BY TELEPHONE AS SOON AS POSSIBLE BEFORE THE ORIGINAL OR PREVIOUSLY NOTIFIED START DATES. RESPONDENT VIOLATED CAA SEC 112 AND 40 CFR 61.145(b)(4)(iv) BY FAILING TO INCLUDE INFO ABOUT THE AGE OF THE FACILITY IN THE NOTIFICATIONS SUBMITTED TO THE STATE OF GA.

Defendants (1)

• ADS/TRINITY, LLC dba ATLANTA DEMOLITIONNamed in complaintNamed in settlement

Facilities (1)

• FORMER IBM COMPLEX

  4111 NORTHSIDE PARKWAY NW, ATLANTA, GA, 30327

  Registry ID: 110005668982

Statutes cited

• CAA 112B — Asbestos

Enforcement conclusions (1)

• ADS / TRINITY dba ATLANTA DEMOLITIONentered 2014-10-07

  Primary law: CAA

  Federal penalty: $3,990

Timeline (3 milestones)

• 2014-10-07Final Order Issued
• 2014-10-07Complaint Filed/Proposed Order
• 2014-12-18Enforcement Action Data Entered