EPA v. E.R. CONSTRUCTION, LLC

Case summary

9/7/2023 - EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $4,877 PENALTY DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: BASED ON INFORMATION OBTAINED FROM THE RESPONDENT DURING AN EPA INSPECTION CONDUCTED AT 444 HIGHLAND AVENUE, N.E. IN ATLANTA, GEORGIA 30312 (THE FACILITY) ON MAY 4, 2023, 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 RENOVATION ACTIVITY, AS REQUIRED BY 40 C.F.R. ? 61.145(A), AT THE FACILITY. RENOVATION ACTIVITY, WHICH INCLUDED THE REMOVAL OF CEILING TILES AND FLOORING MATERIALS, COMMENCED AT THE FACILITY ON OR AROUND APRIL 20, 2023.

Defendants (1)

• E.R. CONSTRUCTION, LLC,Named in complaintNamed in settlement

Facilities (2)

• E.R. CONSTRUCTION, LLC (CORPORATE OFFICE)

  110 CASSIE WALK LANE, LAWRENCEVILLE, GA, 30046

  Registry ID: 110071497731

• 444 HIGHLAND AVENUE NE

  444 HIGHLAND AVENUE NE, ATLANTA, GA, 30312

  Registry ID: 110071425309

Statutes cited

• CAA 112B — Asbestos

Enforcement conclusions (1)

• E.R. CONSTRUCTION, LLCentered 2023-09-07

  Primary law: CAA

  Federal penalty: $4,877

Timeline (4 milestones)

• 2023-09-07Final Order Issued
• 2023-09-07Complaint Filed/Proposed Order
• 2023-09-14Enforcement Action Data Entered
• 2023-11-17Enforcement Action Closed