April 28, 2024

Tennessee Division of Air Pollution Control Reaches Settlement Agreement with Clarksville Builder on Asbestos Violations – JD Supra

Rewritten Content:

Are You Breaking Asbestos Regulations? A Learning From Providence Builders to Listen to Tennessee Division Air Pollution Control

Asbestos regulations are an important part of keeping the environment healthy. Unfortunately, many companies may not realize the state regulations they must abide by. This was very true for Providence Builders, LLC.

On July 5th, Providence Builders and the Tennessee Division of Air Pollution Control (“Division”) entered a Settlement Agreement and Order (“Agreement”) referencing violations of Tennessee asbestos regulations.

Providence is a domestic limited liability company authorized to work in the state of Tennessee with a business address in Clarksville. On August 3rd, 2020, Division inspectors found Providence engaging in renovation activities in a vacant retail store. They discovered a spray applied surfacing material in the ceiling, without any wetting or in leak-tight containers.

When asked about an asbestos survey to determine the presence of asbestos, the Providence representative admitted that one had not been conducted. Division inspectors collected a sample and the laboratory results achieved on August 11th confirmed asbestos. Low and behold, on August 19th the Division received the Notification of Demolition and/or Asbestos Renovation, listing the asbestos removal work started on August 21st.

The Division responded with a Notice of Violation for the following offenses:

• Failure to adequately wet all exposed regulated asbestos containing material (RACM)
• Failure to provide a 10-day notification prior to demolition/renovation activity
• Failure to seal all asbestos-containing waste material in leak-tight containers
• Failure to thoroughly inspect for the presence of asbestos

The violations resulted in a civil penalty of $8,750.

Are you Breaking Asbestos Regulations? Download the Agreement for Providence Builders and Tennessee Division Air Pollution Control

Tennessee Division of Air Pollution Control and Providence Builders entered an agreement addressing violations of the Tennessee regulation regarding asbestos. A copy of the Agreement can be downloaded here. It is important for companies to ensure they comprehend and adhere to the regulations and laws about asbestos. Learn from the mistakes of Providence Builders and familiarize yourself with the provisions in the Agreement.

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