EPA v. UNDERGROUND EXCAVATING, INC

Case summary

7/25/2022 - EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $7,393. PENALTY DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: BASED ON INFORMATION SENT VIA ELECTRONIC MAIL TO THE EPA BY THE RESPONDENT, 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 CONDUCT A THOROUGH INSPECTION FOR ASBESTOS-CONTAINING MATERIALS PRIOR TO BEGINNING DEMOLITION ACTIVITY, AS REQUIRED BY 40 C.F.R. ? 61.145(A), AT A COMMERCIAL BUILDING LOCATED AT OR NEAR 5753 EAST MAIN STREET IN PATTERSON, GEORGIA 31557 (THE FACILITY). THE EPA ALSO ALLEGES THE RESPONDENT FAILED TO PROVIDE WRITTEN NOTICE TO THE GEORGIA ENVIRONMENTAL PROTECTION DIVISION (EPD) 10 WORKING DAYS PRIOR TO BEGINNING THE DEMOLITION ACTIVITY, AS REQUIRED BY 40 C.F.R. ? 61.145(B). NO NOTICE WAS PROVIDED TO THE EPD. DEMOLITION COMMENCED AT THE FACILITY ON OR AROUND DECEMBER 29, 2021.

Defendants (1)

• UNDERGROUND EXCAVATING, INCNamed in complaintNamed in settlement

Facilities (1)

• 5753 EAST MAIN STREET, PATTERSON, GEORGIA

  5753 EAST MAIN STREET, PATTERSON, GA, 31557

  Registry ID: 110071234873

Statutes cited

• CAA 112B — Asbestos

Enforcement conclusions (1)

• UNDERGROUND EXCAVATING, INCentered 2022-07-25

  Primary law: CAA

  Federal penalty: $7,393

Timeline (4 milestones)

• 2022-07-25Complaint Filed/Proposed Order
• 2022-07-25Final Order Issued
• 2022-08-29Enforcement Action Data Entered
• 2022-09-27Enforcement Action Closed