EPA v. EBASCO CONSTRUCTORS, INC./LOSINGER USA, INC. JOINT VENTURE

Case summary

EBASCO CONSTRUCTORS, INC./LOSINGER U.S.A. INC., JOINT VENTURE ( ELJV ) IS BUILDING THE NEW WADDELL DAM AT LAKE PLEASANT IN NORTHERN MARICOPA COUNTY, ARIZONA. IT IS THE LARGEST EARTHEN DAM CONSTRUCTION PROJECT PRESENTLY ONGOING IN THE UNITED STATES. ELJV IS CONSTRUCTING THE DAM OUTOF PROCESSED (CRUSHED) ROCK. ELJV COLLECTS THE RAW MATERIAL FOR THE DAM FROM LAND CONTROLLED BY THE U.S. BUREAU OF RECLAMATION AND THEN TAKES IT TO A PROCESSING FACILITY WHERE IT IS CRUSHED, SCREENED, SORTED, WASHED, AND BLENDED INTO MATERIAL SUITABLE FOR DAM CONSTRUCTION. THIS PROCESSED MATERIAL IS THEN TRUCKED FROM THE PROCESSING FACILITY AND ADDED TO THE DAM ITSELF. IN VIOLATION OF NEW SOURCE PERFORMANCE STANDARDS ( NSPS ), ELJV FAILED TO NOTIFY EPA OF THE CONSTRUCTION AND STARTUP OF CERTAIN PORTIONS OF THE PROCESSING FACILITY AND ALSO FAILED TO PERFORM CERTAIN EMISSIONS TESTS. FUTHERMORE, BECAUSE THIS PROJECT IS LOCATED IN A NONATTAINMENT AREA FOR TSP/PM10 AND BECAUSE THE PROCESSING FACILITY IS A MAJOR SOURCE OF THESE POLLUTANTS, CONSTRUCTION OF THE PROCESSING PLANT ALSO TRIGGERED APPLICATION OF MARICOPA COUNTY'S NEW SOURCE REVIEW ( NSR ) PERMITTING PROGRAM. ELJV VIOLATED MARICOPA COUNTY'S NSR RULES, WHICH HAVE BEEN INCORPORATED INTO ARIZONA'S STATE IMPLEMENTATION PLAN ( SIP ) BY FAILING TO OBTAIN A PERMIT BEFORE IT BEGAN CONSTRUCTING THE PLANT. EPA HAS ISSUED A NOTICE OF VIOLATION ( NOV ) REGARDING THE NSR VIOLATION.

Defendants (3)

• EBASCO CONSTRUCTORS, INC.Named in complaintNamed in settlement
• EBASCO CONSTRUCTORS, INC./LOSINGER USA,Named in complaintNamed in settlement
• LOSINGER U.S.A., INC.Named in complaintNamed in settlement

Facilities (1)

• EBASCO CONSTRUCTORS INC LOSINGER JT VENTURE

  HWY 74 LK PLEASANT RGNL PK, PHOENIX, AZ, 85027

  Registry ID: 110010706049

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• EBASCO CONSTRUCTORS, INC.entered 1993-05-18

  Primary law: CAA

  Federal penalty: $320,000

Timeline (8 milestones)

• 1991-08-19Enforcement Action Data Entered
• 1991-09-30PRN Sent
• 1992-09-01Referred To Dept Of Justice
• 1993-01-15Complaint Filed With Court
• 1993-05-18Final Order Lodged
• 1993-05-18Final Order Entered
• 1993-05-18Concluded
• 1994-05-18Enforcement Action Closed