EPA v. KMD MANAGEMENT LLC

Case summary

5/28/2024- EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $1,378 PENALTY DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: BASED ON INFORMATION ACQUIRED FROM THE GENERAL CONTRACTOR AND THE RESPONDENT REGARDING THE DEMOLITION ACTIVITY AT THE FACILITY WHICH COMMENCED ON OR AROUND JULY 10, 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 PROVIDE WRITTEN NOTICE 10 WORKING DAYS PRIOR TO BEGINNING THE DEMOLITION ACTIVITY AS REQUIRED BY 42 U.S.C. ? 61.145(B), AT THE FACILITY. THE RESPONDENT PROVIDED A NOTICE DATED NOVEMBER 13, 2023, FOR THE DEMOLITION WHICH OCCURRED FROM JULY 10, 2023, THROUGH JULY 25, 2023, ACCORDING TO THE NOTICE. RESPONDENT SAID FAILURE TO PROVIDE THE NOTICE WAS AN OVERSIGHT ON THE PART OF OFFICE STAFF. REGULATED ASBESTOS-CONTAINING MATERIALS WERE ABATED FROM THE FACILITY PRIOR TO DEMOLITON.

Defendants (1)

• KMD MANAGEMENT LLCNamed in complaintNamed in settlement

Facilities (1)

• 110 SELIG DRIVE SW (KMD MANAGEMENT LLC, CONTRACTOR)

  110 SELIG DRIVE SW, ATLANTA, GA, 30336

  Registry ID: 110071544346

Statutes cited

• CAA 112B — Asbestos

Enforcement conclusions (1)

• KMD MANAGEMENT LLCentered 2024-05-28

  Primary law: CAA

  Federal penalty: $1,378

Timeline (4 milestones)

• 2024-05-28Complaint Filed/Proposed Order
• 2024-05-28Final Order Issued
• 2024-06-27Enforcement Action Closed
• 2024-07-10Enforcement Action Data Entered