EPA v. GENOA CONSTRUCTION SERVICES, INC

Case summary

8/27/2025 - 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 MARCH 10, 2025, THROUGH MARCH 20, 2025, RESPONDENT CONDUCTED RENOVATION ACTIVITY CONSISTING OF REMOVING THE OUTER SKIN FROM A TRAILER (FACILITY). THE FACILITY IS THE SNACK SHACK AT THE ATLANTA BOTANICAL GARDENS LOCATED IN NORTHEAST ATLANTA, GEORGIA (FACILITY). THE CITY OF ATLANTA ISSUED A PERMIT FOR DEMOLITION ACTIVITY AT THE FACILITY ON JANUARY 7, 2025. AFTER THE ISSUANCE OF THIS PERMIT, THE OWNER OF THE FACILITY DECIDED TO RENOVATE THE TRAILER RATHER THAN DEMOLISHING OR MOVING THE TRAILER. 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)

• GENOA CONSTRUCTION SERVICES, INCNamed in complaintNamed in settlement

Facilities (5)

• ATLANTA BOTANICAL GARDEN - SNACK SHACK

  1345 PIEDMONT AVE., N.E., ATLANTA, GA, 30309

  Registry ID: 110070074005

• ATLANTA BOTANICAL GARDEN - SNACK SHACK

  1345 PIEDMONT AVE., N.E., ATLANTA, GA, 30309

  Registry ID: 110070074005

• ATLANTA BOTANICAL GARDEN - SNACK SHACK

  1345 PIEDMONT AVE., N.E., ATLANTA, GA, 30309

  Registry ID: 110070074005

• ATLANTA BOTANICAL GARDEN - SNACK SHACK

  1345 PIEDMONT AVE., N.E., ATLANTA, GA, 30309

  Registry ID: 110070074005

• GENOA CONSTRUCTION SERVICES, INC

  2300 LAKEVIEW PARKWAY, SUITE 100, ALPHARETTA, GA, 30009

  Registry ID: 110072071753

Statutes cited

• CAA 112B — Asbestos

Enforcement conclusions (1)

• GENOA CONSTRUCTION SERVICES, INCentered 2025-08-27

  Primary law: CAA

  Federal penalty: $5,425

Timeline (4 milestones)

• 2025-08-27Final Order Issued
• 2025-08-27Complaint Filed/Proposed Order
• 2025-09-05Enforcement Action Data Entered
• 2025-09-26Enforcement Action Closed