EPA v. MOELLER PURCELL CONSTRUCTION COMPANY

Case summary

4/11/2022 - EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $4,955. PENALTY DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: BASED ON INFORMATION RECEIVED FROM AN INSPECTION CONDUCTED BY THE EPA ON MARCH 12, 2020, OF THE DEMOLITION OF A SIX-STALL BATHHOUSE ON THE YMCA CAMP HIGH HARBOUR CAMPUS LOCATED AT 40 OLD SANDTOWN ROAD IN CARTERSVILLE, GEORGIA, 30121 (THE FACILITY ) AND IN A RESPONSE TO AN INFORMATION REQUEST LETTER THE EPA SENT VIA ELECTRONIC MAIL ON JULY 30, 2020, TO THE RESPONDENT, THE DEMOLITION CONTRACTOR, THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 112 OF THE CAA, 42 U.S.C. ? 7412, AND 40 C.F.R. PART 61, SUBPART M. SPECIFICALLY, THE EPA ALLEGES THE RESPONDENT FAILED TO NOTIFY THE GEORGIA ENVIRONMENTAL PROTECTION DIVISION (EPD) 10 DAYS PRIOR TO THE DEMOLITION AS REQUIRED BY 40 C.F.R. ? 61.145(B) OF THE SIX-STALL BATHHOUSE AT THE FACILITY. DEMOLITION ACTIVITY OCCMTED AT THE FACILITY IN JANUARY 2020. EPA AND THE UNITED STATES DEPA11MENT OF JUSTICE JOINTLY DETERMINED THAT THIS MATTER, ALTHOUGH IT INVOLVES ALLEGED VIOLATIONS THAT OCCURRED MORE THAN ONE YEAR BEFORE THE INITIATION OF THIS PROCEEDING, IS APPROPRIATE FOR AN ADMINISTRATIVE PENALTY ASSESSMENT. 42 U.S.C. ? 7413(D); 40 C.F.R. ? 19.4.

Defendants (1)

• MOELLER PURCELL CONSTRUCTION COMPANYNamed in complaintNamed in settlement

Facilities (2)

• MOELLER PURCELL CONSTRUCTION COMPANY

  10525 OLD ALABAMA ROAD CONNECTOR #100, ALPHARETTA, GA, 30022

  Registry ID: 110071251315

• YMCA OF METROPOLITAN ATLANTA, INC. CAMP HIGH HARBOUR 40 OLD SANDTOWN ROAD, 30

  CAMP HIGH HARBOUR 40 OLD SANDTOWN ROAD, 30, CARTERSVILLE, GA, 30121

  Registry ID: 110070704020

Statutes cited

• CAA 112B — Asbestos

Enforcement conclusions (1)

• MOELLER PURCELL CONSTRUCTION COMPANYentered 2022-04-11

  Primary law: CAA

  Federal penalty: $4,955

Timeline (3 milestones)

• 2022-04-11Complaint Filed/Proposed Order
• 2022-04-11Final Order Issued
• 2022-05-02Enforcement Action Data Entered