“Under 40 C.F.R. § 61.145(a), each owner or operator of a demolition or renovation activity to which this section applies shall conduct a thorough inspection for asbestos-containing materials prior to beginning demolition or renovation activity or any other activity (such as site preparation that would break up, dislodge or similarly disturb asbestos material).”

💡 This establishes that the inspection requirement is mandatory, not optional, and applies before any work begins that could disturb asbestos.

“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.”

💡 Genoa admitted to EPA investigators that they skipped the inspection entirely, removing any ambiguity about whether the violation occurred.

“Asbestos is a hazardous air pollutant as that term is defined in Section 112(a) of the CAA, 42 U.S.C. § 7412(a), and is the subject of regulations codified at 40 C.F.R. Part 61, Subpart M, National Emission Standard for Asbestos, promulgated pursuant to Section 112 of the CAA, 42 U.S.C. § 7412.”

💡 This confirms that asbestos is classified by federal law as a hazardous substance requiring protective regulations due to health dangers.

“This proceeding pertains to renovation activity conducted by the Respondent at the Atlanta Botanical Gardens Snack Shack located at or near 1345 Piedmont Avenue, Northeast, in Atlanta, Georgia 30309 (Facility).”

💡 The violation occurred at a public garden where families and children visit, amplifying the potential public health impact.

“From approximately March 10, 2025, through March 20, 2025, Respondent conducted renovation activity of the Facility, a trailer of approximately 6 feet by 16 feet in size, consisting of removing the outer skin from the trailer.”

💡 The work continued for ten days, creating an extended period of potential exposure if asbestos was present.

“Having found that settlement is consistent with the provisions and objectives of the Act and applicable regulations, the Parties have agreed to settle this action pursuant to 40 C.F.R. § 22.18 and consent to the entry of this CAFO without Respondents admission of violation or any adjudication of any issues of law or fact herein.”

💡 Despite EPA findings, Genoa never has to publicly admit they violated the law, protecting their reputation.

“Respondent agrees to a civil penalty in the amount of $5,425 (Assessed Penalty), to be paid within thirty (30) calendar days after the Effective Date of this CAFO.”

💡 The entire penalty for potentially exposing the public to a carcinogen is $5,425, less than the cost of many routine construction expenses.

“Full payment of the civil penalty, as provided in Section VII (Terms of Payment), shall satisfy the requirements of this CAFO; but, shall not in any case affect the right of EPA or the United States to pursue appropriate injunctive or other equitable relief or criminal sanctions for any violations of law.”

💡 EPA technically retains the right to pursue further action, though this rarely happens in settled administrative cases.

“By executing this CAFO, Respondent acknowledges that this CAFO constitutes an enforcement action for purposes of considering Respondents compliance history in any subsequent enforcement actions.”

💡 The violation will be part of Genoa’s compliance record for future enforcement decisions, though the practical impact is limited.

“Penalties, interest, and other charges paid pursuant to this CAFO shall not be deductible for purposes of federal taxes.”

💡 At least the company cannot reduce the already-minimal penalty’s impact by claiming it as a business deduction.

“Any person who violates Section 112 of the CAA, 42 U.S.C. § 7412, or rule promulgated thereunder, may be assessed a civil penalty pursuant to Section 113(d) of the Act, 42 U.S.C. § 7413(d), and 40 C.F.R. Part 19. Each day a violation continues may constitute a separate violation.”

💡 EPA could have assessed penalties for each of the ten days of work, but chose a single consolidated penalty instead.

“In accordance with 40 C.F.R. § 22.18(c), Respondents full compliance with this CAFO shall only resolve Respondents liability for federal civil penalties for the violation and facts specifically alleged above.”

💡 The settlement only covers this specific incident, not any other potential violations that may be discovered later.

“EPA also reserves the right to revoke this CAFO and settlement penalty if and to the extent that EPA finds, after signing this CAFO, that any information provided by Respondent was materially false or inaccurate at the time such information was provided to EPA.”

💡 If Genoa lied to investigators, EPA can void the settlement and pursue full penalties, though this is rarely invoked.

“By executing this CAFO, certifies to the best of its knowledge that Respondent is currently in compliance with all relevant requirements of the Act and its implementing regulations.”

💡 Genoa now claims to be in compliance, but only after being caught and penalized for the violation.