EPA v. PLAZA MATERIALS CORP

Case summary

THIS CASE PROPOSES FILING A CIVIL ENFORCEMENT ACTION PUR- SUANT TO CAA 113(B), 42 USC 7413(B), AGAINST PLAZA MATERI- ALS CORPORATION ( PLAZA OR THE CO. ) FOR ITS VIOLATIONS OF PART 212 OF TITLE 6 NYCRR. THIS REGULATION IS DESIGNED TO LIMIT THE EMISSION OF PARTICULATE MATTER INTO THE ATMOSPHERE BY REQUIRING, INTER ALIA, THAT THE OWNERS OR OPERATORS OF INDUSTRIAL PROCESSES PREVENT VISIBLE EMISSIONS WITH AN OPA- CITY EXCEEDING 20%. THE REGULATION IS PART OF THE SIP. TITLE 6 NYCRR 212.7 APPLIES TO THE OWNER OR OPERATOR OF PROCESS AND EXHAUST &/OR VENTILATION SYSTEMS. PLAZA OWNS & OPERATES AN ASPHALT PLANT & ASSOCIATED ROCK CRUSHING OPERA- TION AT ITS SUFFERN, NY LOCATION. THESE ARE PROCESS SYSTEMS WITHIN THE MEANING OF 6 NYCRR PART 212; IN ADDITION, THERE ARE SEVERAL EMISSION POINTS ON THE PLANT WHICH CONSTITUTE VENTILATION SYSTEMS WITHIN THE MEANING OF THE REGULATION. BASED ON AN INSPECTION BY AN EPA ENGINEER ON 6/17/82, EPA ISSUED A NOV , INDEX NO. 20239, PURSUANT TO CAA/113(B), 42 USC 7413(A). THE NOTICE CITED THE CO. FOR VIOLATING 6 NYCRR 212.7 BY ALLOWING EMISSIONS SIGNIFICANTLY EXCEEDING 20% OPACITY TO LEAK FROM THE ASPHALT PLANT & TO EMANATE FROM THE BUILDING WHICH HOUSES THE CRUSHER. AN INSPECTION ON 11/2/83 REVEALED THAT THE SAME VIOLATIONS PERSISTED, & HAD ACTUALLY BECOME SEVERELY AGGRAVATED. EPA REGION II SEEKS THE EXPEDITIOUS INITIATION OF A CIVIL ENFOR- CEMENT ACTION AGAINST PLAZA FOR INJUNCTIVE RELIEF & THE IM- POSITION OF CIVIL PENALTIES PURSUANT TO CAA 113(B), 42 USC 7413(B).

Defendants (1)

• PLAZA MATERIALS CORPNamed in complaintNamed in settlement

Facilities (2)

• PLAZA MATERIALS CO

  TILTON RD, SUFFERN, NY, 10901

  Registry ID: 110041998764

• PLAZA MATERIALS CO

  TILTON RD, SUFFERN, NY, 10901

  Registry ID: 110041998764

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• PLAZA MATERIALS CORPentered 1986-06-27

  Primary law: CAA

  Federal penalty: $17,500

Timeline (7 milestones)

• 1983-12-30Referred To Dept Of Justice
• 1984-03-08Referred TO U.S. Attorney
• 1984-03-14Complaint Filed With Court
• 1986-06-27Final Order Lodged
• 1986-06-27Final Order Entered
• 1986-06-27Concluded
• 1991-09-30Enforcement Action Closed