EPA v. MINN CORRECTION FACILITY

Case summary

NATURE OF CASE THE ABOVE REFERENCED DEFENDANTS OWN AND/OR OPERATE STILL- WATER PRISON LOCATED AT BAYPORT, WASHINGTON COUNTY, MINN- ESOTA. THE PRISON HAS FOUR COAL-FIRED BOILERS WHICH EMIT PARTICULATE MATTER INTO THE AMBIENT AIR. ON MARCH 17, 1982, THE UNITED STATES FILED A COMPLAINT ALLEGING THAT THE BOIL- ER EMISSIONS VIOLATED PARTICULATE AND OPACITY REGULATIONS OF THE MINNESOTA STATE IMPLEMENTATION PLAN. ON MAY 13, 1982 , THE COURT ENTERED A CONSENT DECREE IN SETTLEMENT OF THE UNITED STATES' ACTION. CAUSE OF ACTION THE CONSENT DECREE REQUIRED DEFENDANTS TO INSTALL A BAG- HOUSE COLLECTOR PURSUANT TO A COMPLIANCE SCHEDULE AND TO ACHIEVE AND DEMONSTRATE COMPLIANCE AT BOILERS NOS. 1 AND 2 WITH THE SPECIFIES EMISSION LIMITATIONS BY MAY 1, 1983. DEFENDANTS INSTALLED THE PRESCRIBED EQUIPMENT, BUT BEGAN OPERATING BOILER NO. 2 ON OR ABOUT APRIL 27, 1983 WITHOUT STACK TESTING TO DEMONSTRATE COMPLIANCE. DEFENDANTS ACTION VIOLATES PARTS III, C, AND D AND PART XIII OF THE CONSENT DECREE. DEFENDANTS HAD INFORMED THE AGENCY THAT BAGHOUSE BAGS HAD DEVELOPED HOLES, AND THEREFORE BOILER NO. 2 WOULD PROBABLY FAIL THE STACK TEST. PROPOSED REMEDY REGION V RECOMMENDS THE FILING OF A MOTION FOR ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE HELD IN CIVIL CON- TEMPT FOR VIOLATION OF THE CONSENT DECREE. THE RELIEF SOUGHT INCLUDES EXPEDITIOUS COMPLIANCE WITH THE CONSENT DECREE AND PAYMENT OF STIPULATED PENALTIES FOR DECREE VIO- LATION. >>>>>>THE $50,000 OFFSET PENALTY IS TO BE HELD<<<<< >>>>> IN AN ESCROW ACCOUNT <<<<<

Defendants (2)

• JACK YOUNG, COMM MN DEP CORRECNamed in complaintNamed in settlement
• MINNESOTA, STATE OFNamed in complaintNamed in settlement

Facilities (1)

• MINN STATE PRISON BAYPORT

  N 6TH ST, BAYPORT, MN, 55003

  Registry ID: 110010592064

Statutes cited

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

Enforcement conclusions (1)

• MINN CORRECTION FACILITYentered 1984-03-30

  Primary law: CAA

  Federal penalty: $10,000

Timeline (8 milestones)

• 1983-08-16Referred To Headquarters
• 1983-09-19Referred To Dept Of Justice
• 1984-03-28Referred TO U.S. Attorney
• 1984-03-30Final Order Lodged
• 1984-03-30Final Order Entered
• 1984-03-30Complaint Filed With Court
• 1984-03-30Concluded
• 1985-03-30Enforcement Action Closed