EPA v. MERIT CONSTRUCTION COMPANY

Case summary

8/28/2025 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $5,425. PENALTY DUE WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: FROM APPROXIMATELY NOVEMBER 8, 2024, TO MARCH 28, 2025, RESPONDENT CONDUCTED A RENOVATION ACTIVITY WHICH INCLUDED, BUT WAS NOT NECESSARILY LIMITED TO, THE REMOVAL OF FLOORING MATERIALS FROM A DENTAL OFFICE LOCATED AT 5243 SNAPFINGER WOODS DRIVE, SUITE 105, IN STONECREST, GEORGIA 30038 (FACILITY). ON MARCH 12, 2025, THE EPA CONDUCTED AN ON-SITE INSPECTION OF THE FACILITY FOR THE PURPOSE OF ASSESSING RESPONDENT?S COMPLIANCE WITH THE REQUIREMENTS OF 40 C.F.R. PART 61, SUBPART M. IN DISCUSSIONS AND EMAIL CORRESPONDENCE SUBSEQUENT TO THE INSPECTION, RESPONDENT CONFIRMED THAT NO ASBESTOS INSPECTION WAS CONDUCTED PRIOR TO BEGINNING THE RENOVATION ACTIVITY AT THE FACILITY. BASED ON THE EPA?S COMPLIANCE MONITORING INVESTIGATION, THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 112 OF THE ACT, 42 U.S.C. ? 7412, AND 40 C.F.R. PART 61, SUBPART M, NATIONAL EMISSION STANDARD FOR ASBESTOS, WHEN IT FAILED TO CONDUCT A THOROUGH INSPECTION FOR ASBESTOSCONTAINING MATERIALS PRIOR TO BEGINNING RENOVATION ACTIVITY, AS REQUIRED BY 40 C.F.R. ? 61.145(A).

Defendants (1)

• MERIT CONSTRUCTION COMPANYNamed in complaintNamed in settlement

Facilities (2)

• MERIT CONSTRUCTION COMPANY (CORPORATE OFC)

  2400 PLEASANTDALE ROAD, ATLANTA, GA, 30340

  Registry ID: 110072071752

• 5243 SNAPFINGER WOODS DRIVE STONECREST (MERIT CONSTRUCTION CO RENOVATION SITE)

  5243 SNAPFINGER WOODS DRIVE, STONECREST, GA, 30038

  Registry ID: 110071909708

Statutes cited

• CAA 112B — Asbestos

Enforcement conclusions (1)

• MERIT CONSTRUCTION COMPANYentered 2025-08-28

  Primary law: CAA

  Federal penalty: $5,425

Timeline (4 milestones)

• 2025-08-28Final Order Issued
• 2025-08-28Complaint Filed/Proposed Order
• 2025-09-05Enforcement Action Data Entered
• 2025-09-27Enforcement Action Closed