EPA v. MONITOR SUGAR COMPANY

Case summary

MENT AND TO PAY STIPULATED PENALTIES AND THE COSTS ASSOCI- ATED WITH THE LITIGATION. THE PROPOSED CONTEMPT ACTION WOULD BE FILED PURSUANT TO THE COURT'S CONTINUING JURISDICTION OVER THE CONSENT JUDGE- MENT. DIRECT REFERRAL OF MONITOR SUGAR COMPANY, BAY CITY, MI BACKGROUND AND NATURE OF THE CASE ON DECEMBER 5, 1984, REGION V ISSUED A NOTICE OF VIOLATION TO MONITOR SUGAR COMPANY FOR VIOLATION OF MICHIGAN SIP, MAPCC RULE 336.1301 AT ITS BAY CITY, MICHIGAN, SUGAR BEET REFINERY. MAPCC RULE 336.1301 IS PART OF THE FEDERALLY APPROVED AND ENFORCEABLE MICHIGAN SIP AND LIMITS VISIBLE EMISSIONS INTO THE AIR. VISIBLE EMISSIONS FROM THREE OF MONITOR'S BOILERS HAVE CONSISTENTLY FAR EXCEEDED THESE LIMITS FOR SEVERAL YEARS. MONITOR HAS NOT INSTALLED CONTROL EQUIPMENT TO LIMIT EMISSIONS. BAY COUNTY, IN WHICH THE BAY CITY REFINERY IS LOCATED, IS ATTAINMENT FOR PARTICULATE MAT- TER EMISSIONS. CAUSE OF ACTION MONITOR SUGAR COMPANY'S VISIBLE EMISSIONS ARE IN VIOLA- TION OF THE MICHIGAN SIP AND U.S. EPA IS REQUIRED TO BRING SUIT TO ABATE THE VIOLATIONS AND RECOVER CIVIL PENALTIES UN- DER SECTION 113 OF THE CLEAN AIR ACT, 42 U.S.C. SECTION 7413 PROPOSED PENALTY IN ORDER TO ACHIEVE COMPLIANCE WITH THE MICHIGAN SIP, U.S. EPA BELIEVES INSTALLATION OF A FULL BAGHOUSE ON THE COMMON STACK FOR BOILERS 1, 2 AND 3 IS NECESSARY. IN ADDI- TION, REGION V RECOMMENDS A PENALTY FOR SETTLEMENT PURPOSES OF $56,775. - CONTEMPT ACTION AGAINST MONITOR SUGAR COMPANY THE HISTORY OF THIS CASE HAS BEEN SUMMARIZED IN DETAIL IN THE LITIGATION REPORT OF JUNE 30, 1987, RECOMMENDING RESOLU- TION OF THIS CASE VIA A FEDERALLY ENFORCEABLE CONSENT JUDGE- MENT, AND IN A MEMORANDUM OF FEBRUARY 15, 1989, FROM BERTRAM C. FREY, THEN ACTING CHEIF, AIR, WATER, TOXICS AND GENERAL LAW BRANCH TO SCOTT FULTON, REQUESTING THAT A DEMAND LETTER BE SENT TO MONITOR FOR PAYMENT STIPULATED PENALTIES UNDER THE CONSENT JUDGEMENT. REGION V SEEKS TO HAVE THE UNITED STATES DISTRICT COURT ORDER MONITOR TO COMPLY IMMEDIATELY WITH THE CONSENT JUDGE- MENT.

Defendants (2)

• MONITOR SUGAR CONamed in complaintNamed in settlement
• DEFENDANTS W/SETTLEMENT 1-SETTLEMENT 2Named in complaintNamed in settlement

Facilities (1)

• MONITOR SUGAR COMPANY

  2600 S. EUCLID AVE., BAY CITY, MI, 487063414

  Registry ID: 110000407881

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 113B — Clean Air Act

Enforcement conclusions (2)

• MONITOR SUGAR COMPANYentered 1987-12-10

  Primary law: CAA

  Federal penalty: $137,000

• MONITOR SUGAR COMPANY(CIC)entered 1993-12-23

  Primary law: CAA

Timeline (8 milestones)

• 1984-12-05Enforcement Action Data Entered
• 1985-03-29Referred To Dept Of Justice
• 1985-06-27Referred TO U.S. Attorney
• 1985-06-28Complaint Filed With Court
• 1993-12-23Final Order Lodged
• 1993-12-23Final Order Entered
• 1993-12-23Concluded
• 1994-04-12Enforcement Action Closed