Download PDF
The United States Environmental Protection Agency (“EPA”) and Halifax Construction Company, Inc. (“Halifax”) entered into a June 6th Consent Agreement (“CA”) addressing alleged violations of 40 C.F.R. Part 61, Subpart M, National Emission Standard for Asbestos.
Halifax is described as a corporation doing business in the state of Georgia.
The CA describes demolition activity conducted by Halifax in Atlanta, Georgia.
Halifax is stated to have conducted demolition activity which included the wrecking of a small building and three drive-thru canopies of a former bank on approximately August 14, 2024, through August 20, 2024. At the time of the demolition activities, the structures are stated to have constituted commercial structures and therefore met the definition of a “facility,” as defined in 40 C.F.R. § 61.141.
Halifax is also stated to be the contractor responsible for operating and controlling the demolition activity. As a result, Halifax is stated to meet the definition of an owner or operator of a demolition or renovation activity.
EPA is stated to have conducted an inspection on December 11, 2024. In addition, the CA provides that discussions and e-mail correspondence with Halifax and the Georgia Environmental Protection Division determined that Halifax did not provide written notice of intention to demolish or renovate at least 10 working days before the activity was undertaken.
The CA therefore alleges that Halifax violated 40 C.F.R. Part 61, Subpart M, National Emission Standard for Asbestos, and Section 112 of the Clean Air Act when it:
- Failed to provide the Georgia EPD with written notice of intent to demolish the Facility prior to conducting the demolition, as required by 40 C.F.R. § 61.145(b).
Halifax neither admits nor denies the factual allegations set forth in the CA.
A civil penalty of $5,425.00 is assessed.
A copy of the CA can be downloaded here.
