EPA v. CALHOUN COMMERCIAL CONSTRUCTION, LLC

Case summary

8/8/2022 - EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $5,883. PENALTY DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: BASED ON INFORMATION OBTAINED FROM THE BARTOW COUNTY BUILDING DEPARTMENT AND INFORMATION OBTAINED FROM THE RESPONDENT VIA TELEPHONE AND ELECTRONIC MAIL, 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 TEXACO LOCATED AT 71 OLD GRASSDALE ROAD, N.E. IN CARTERSVILLE, GEORGIA 30121 (THE FACILITY). 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 NOVEMBER 17, 2021.

Defendants (1)

• CALHOUN COMMERCIAL CONSTRUCTION, LLCNamed in complaintNamed in settlement

Facilities (1)

• TEXACO 71 OLD GRASSDALE ROAD

  TEXACO 71 OLD GRASSDALE ROAD, CARTERSVILLE, GA, 30121

  Registry ID: 110071293492

Statutes cited

• CAA 112B — Asbestos

Enforcement conclusions (1)

• CALHOUN COMMERCIAL CONSTRUCTION, LLCentered 2022-08-08

  Primary law: CAA

  Federal penalty: $5,883

Timeline (4 milestones)

• 2022-08-08Complaint Filed/Proposed Order
• 2022-08-08Final Order Issued
• 2022-08-24Enforcement Action Closed
• 2022-08-30Enforcement Action Data Entered