EPA v. OZINGA CHICAGO RMC - APO/CAFO

Case summary

Ozinga violated the Illinois SIP at two of its facilities: 2255 South Lumber Street in Chicago, Illinois (Lumber Street facility) and 1818 East 103rd Street in Chicago, Illinois (1818 East 103rd Street facility). At the Lumber Street facility, Ozinga violated 35 Ill. Admin. Code 212, Subpart K by: (1) causing particulate matter to cross the property line; (2) failing to use best management practices to reduce particulate matter emissions; and (3) failing to have an updated fugitive dust plan available. Ozinga also failed to respond in a timely manner to a 114 request, in violation of Section 114. At the 1818 East 103rd Street facility, Ozinga violated 35 Ill. Admin. Code Part 212, Subpart K by: (1) exceeding the 10 percent opacity limit on its roadways; and (2) failing to clean or water its roadways on a regular basis. Along with this CAFO, EPA is issuing an Administrative Consent Order to Ozinga requiring that Ozinga update its fugitive dust operating programs for the Lumber Street and 1818 East 103rd Street facilities and all its Chicago area facilities subject to 35 Ill. Admin. Code Part 212, Subpart K. This CAFO requires Ozinga to pay a penalty of $37,689.00 and to complete two Supplemental Environmental Projects costing more than $ 8 million. The settlement resolves the March 31, 2015 Administrative Order issued to Ozinga for failing to respond to a 114 and the two NOVs issued for Illinois SIP violations on March 31, 2015 (Lumber Street facility) and March 11, 2015 (1818 East 103rd Street facility).

Defendants (1)

• OZINGA CHICAGO RMCNamed in complaintNamed in settlement

Facilities (3)

• OZINGA CHICAGO RMC INC

  2255 S LUMBER ST, CHICAGO, IL, 60616-2198

  Registry ID: 110015911209

• OZINGA CHICAGO RMC INC

  1818 E 103RD ST, CHICAGO, IL, 60617-5641

  Registry ID: 110001804156

• OZINGA CHICAGO RMC INC

  1818 E 103RD ST, CHICAGO, IL, 60617-5641

  Registry ID: 110001804156

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• OZINGA CHICAGO RMCentered 2016-06-30

  Primary law: CAA

  Federal penalty: $37,689 · SEP: $8,400,000

Timeline (4 milestones)

• 2016-06-30Complaint Filed/Proposed Order
• 2016-06-30Final Order Issued
• 2016-07-05Enforcement Action Data Entered
• 2016-08-02Air Resolved