EPA v. KENNESAW HOTEL PARTNERS, LLC (HOLIDAY INN EXPRESS, KENNESAW, GA)

Case summary

8/20/19 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $12,177, DUE WITHIN 30 DAYS. ALLEGATIONS: RESPONDENT CONDUCTED RENOVATION ACTIVITY AT THE HOLIDAY INN EXPRESS HOTEL FROM APPROX 10/1/17 THROUGH 9/30/18, LOCATED AT 2485 GEORGE BUSBEE PARKWAY NORTHWEST, KENNESAW, GA. BASED ON AN INVESTIGATION WHICH INCLUDED, BUT WAS NOT LIMITED TO, AN INSPECTION CONDUCTED BY EPA ON JULY 10, 2018, AND SUBSEQUENT DISCUSSIONS WITH THE RESPONDENT, THE EPA DETERMINED THAT RESPONDENT DID NOT THOROUGHLY INSPECT THE FACILITY OR PORTION OF THE FACILITY AFFECTED FOR ASBESTOS-CONTAINING MATERIALS PRIOR TO BEGINNING THE RENOVATION ACTIVITY, AS REQUIRED BY THE REGULATIONS PERTAINING TO ASBESTOS FOUND AT 40 CFR PART 61, SUBPART M, AND AS DESCRIBED MORE PARTICULARLY BELOW: PURSUANT TO 40 CFR 61.145(a), EACH OWNER OR OPERATOR OF A RENOVATION OR DEMOLITION ACTIVITY IS REQUIRED TO THOROUGHLY INSPECT THE FACILITY OR PORTION OF THE FACILITY AFFECTED FOR ASBESTOS-CONTAINING MATERIALS PRIOR TO BEGINNING THE DEMOLITION OR RENOVATION ACTIVITY. EPA ALLEGES THAT RESPONDENT VIOLATED CAA SECTION 112 AND 40 CFR 61.145(a) BY FAILING TO CONDUCT A THOROUGH ASBESTOS INSPECTION OF THE FACILITY PRIOR TO CONDUCTING THE RENOVATION ACTIVITY.

Defendants (1)

• KENNESAW HOTEL PARTNERS, LLCNamed in complaintNamed in settlement

Facilities (1)

• HOLIDAY INN EXPRESS

  2485 GEORGE BUSBEE PARKWAY NW, KENNESAW, GA, 30144

  Registry ID: 110070254362

Statutes cited

• CAA 112B — Asbestos

Enforcement conclusions (1)

• KENNESAW HOTEL PARTNERS, LLC (HOLIDAY INN EXPRESS, KENNESAW, GA)entered 2019-08-20

  Primary law: CAA

  Federal penalty: $12,177

Timeline (4 milestones)

• 2019-08-20Final Order Issued
• 2019-08-20Complaint Filed/Proposed Order
• 2019-08-29Enforcement Action Data Entered
• 2020-03-19Enforcement Action Closed