EPA v. WELLS CONTRACTING, INC

Case summary

4/1/2024 - EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $195 PENALTY DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: BASED ON INFORMATION ACQUIRED FROM A TIP RECEIVED BY EPA AND DISCUSSIONS WITH THE GEORGIA DEPARTMENT OF ENVIRONMENTAL PROTECTION (EPD) AND THE RESPONDENT REGARDING THE DEMOLITION OF A COMMERCIAL BUILDING LOCATED AT 2913 CUSSETA ROAD IN COLUMBUS, GEORGIA 31903 (THE FACILITY), THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 112 OF THE CAA, 42 U.S.C. SECTION 7412, AND 40 C.F.R. PART 61, SUBPART M. SPECIFICALLY, THE EPA ALLEGES THE RESPONDENT FAILED TO PROVIDE WRITTEN NOTICE 10 WORKING DAYS PRIOR TO BEGINNING THE DEMOLITION ACTIVITY, AS REQUIRED BY 40 C.F.R. ? 61.145(B), AT THE FACILITY. ALTHOUGH THE EPD WAS UNABLE TO LOCATE A RECORD OF RECEIVING ANY WRITTEN NOTICE, THE RESPONDENT ALLEGES HE PROVIDED WRITTEN NOTICE, DATED APRIL 7, 2023, FOR THE DEMOLITION WHICH BEGAN ON APRIL 17, 2023. RESPONDENT SAID THAT THIS NOTICE WAS MAILED ON APRIL 7, 2023. APRIL 7, 2023, WAS 10 CALENDAR DAYS (RATHER THAN WORKING DAYS) PRIOR TO APRIL 17, 2023. EPA IS CONSIDERING THIS NOTICE TO HAVING BEEN PROVIDED TO EPD LATE BUT PRIOR TO THE BEGINNING OF DEMOLITION ACTIVITIES. ACCORDING TO RESPONDENT, DEMOLITION ACTIVITIES COMMENCED AT THE FACILITY ON APRIL 17, 2023.

Defendants (1)

• WELLS CONTRACTING, INCNamed in complaintNamed in settlement

Facilities (1)

• 2913 CUSSETA ROAD

  2913 CUSSETA ROAD, COLUMBUS, GA, 31903

  Registry ID: 110071468440

Statutes cited

• CAA 112B — Asbestos

Enforcement conclusions (1)

• WELLS CONTRACTING, INCentered 2024-04-01

  Primary law: CAA

  Federal penalty: $195

Timeline (5 milestones)

• 2024-04-01Complaint Filed/Proposed Order
• 2024-04-01Final Order Issued
• 2024-04-24Enforcement Action Closed
• 2024-04-24Air Resolved
• 2024-06-03Enforcement Action Data Entered