EPA v. PLUM CREEK MANUFACTURING

Case summary

PLUM CREEK, A SAWMILL AND PLYWOOD MANUFACTURING PLANT NEAR KALISPELL, MT. DISCHARGED EMISSIONS INTO THE OUTDOOR ATMOSPHERE EXHIBITING AN OPACITY EXCEEDING FORTY PERCENT (40%) AVERAGED OVER SIX (6) CONSECUTIVE MINUTES, IN VIOLATION OF MONTANA'S AIR QUALITY RULES, WHICH ARE INCORP- ORATED INTO THE EPA APPROVED AND FEDERALLY-ENFORCEABLE STATE IMPLEMENTATION PLAN (SIP). THE VIOLATIONS WERE DOCUMENTED BY A STATE INSPECTOR ON SEPTEMBER 20, 1989 AND AGAIN ON JUNE 13, 1990. ALTHOUGH THE STATE TOOK AN ENFORCEMENT ACTION AGAINST THE SOURCE AND SUBSEQUENTLY SETTLED, THE PENALTY RECEIVED BY THE STATE WAS INADEQUATE. ALSO, THE STATE ACTION DID NOT TAKE INTO ACCOUNT VIOLATIONS WHICH CONTINUED TO OCCUR DURING SETTLEMENT NEGOTIATIONS.

Defendants (3)

• PLUM CREEK MANUFACTURING, L.P.Named in complaintNamed in settlement
• PLUM CREEK TIMBER COMPANY, L.P.Named in complaintNamed in settlement
• PLUM CREEK MANAGMENT, INC.Named in complaintNamed in settlement

Facilities (2)

• PLUM CREEK MANUFACTURING L P EVERGREEN PLYWOOD DIVISION

  75 SUNSET DR., KALISPELL, MT, 59901

  Registry ID: 110000428626

• WEYERHAEUSER-EVERGREEN

  75 SUNSET DRIVE, KALISPELL, MT, 59901

  Registry ID: 110000428626

Statutes cited

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

Enforcement conclusions (1)

• PLUM CREEK MANUFACTURINGentered 1995-10-02

  Primary law: CAA

  Federal penalty: $106,000

Timeline (9 milestones)

• 1991-07-01Enforcement Action Data Entered
• 1991-09-26Referred To Dept Of Justice
• 1992-07-27Returned To Region
• 1993-09-15Rereferred
• 1995-08-22Complaint Filed With Court
• 1995-10-02Concluded
• 1995-10-02Enforcement Action Closed
• 1995-10-02Final Order Lodged
• 1995-10-02Final Order Entered