EPA v. SHEBOYGAN SAND & GRAVEL, INC

Case summary

Region 5 is entering into a Consent Agreement and Final Order with Sheboygan Sand and Gravel (SSG) resolving Clean Air Act violations. Specifically, The company failed to apply for operation permits as required by the Wisconsin SIP and had not conducted performance testing on two crushers, three screens, and a sand screw as required by the New Source Performance Standards for Nonmetallic Mineral Processing Plants, Subpart OOO. The violations were discovered during an October 2009 meeting with Fred Radandt Sons, Inc. regarding violations at its “Q-Pit,” when a representative of both companies self-disclosed violations at SSG. SSG did not meet all conditions of the EPA Audit-Policy for the CAA violations because the violations were not found through “voluntary discovery.” SSG was issued an NOV/FOV for these violations on September 27, 2010. SSG has applied for and received the necessary construction and operation permits and completed required performance testing. SSG will also pay a civil penalty of $40,000 to resolve the violations.

Defendants (1)

• SHEBOYGAN SAND & GRAVEL, INC.Named in complaintNamed in settlement

Facilities (1)

• BADGERLAND AGGREGATES LLC

  14620 HIGHWAY X, KIEL, WI, 53042

  Registry ID: 110042260718

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• SHEBOYGAN SAND & GRAVEL, INCentered 2011-08-16

  Primary law: CAA

  Federal penalty: $40,000

Timeline (3 milestones)

• 2011-08-16Final Order Issued
• 2011-08-16Complaint Filed/Proposed Order
• 2011-09-06Enforcement Action Data Entered