April 06, 2023
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
Download PDF
The Tennessee Air Pollution Control Board ("Board") issued a proposed Technical Secretary's Order and Assessment of Civil Penalty ("Order") on March 15th to Hommel Concrete Company ("HCC"). See APC22-0192.
The Order describes HCC as the owner or operator of a portable drum mix asphalt plant and a concrete batch plant located in Newport, Tennessee.
The portable drum mix asphalt plant is stated to have been issued a construction permit on June 17, 2016. An amended permit was subsequently issued. Further, an operating permit is stated to have been issued in 2017.
The Board's Division of Air Pollution Control ("Division") is stated to have conducted a site visit at the drum mix asphalt plant on June 9, 2022. HCC is stated to have indicated that the drum mix asphalt plant had operated since the initial startup date of April 1, 2020. The Division subsequently requested that HCC submit records for the daily and monthly asphalt production for the period of April 1, 2020, through June 20, 2022.
The Division is stated to have discovered the following violations:
- Failure to maintain a record of the type of fuel used, operating hours, monthly average asphalt production rate, and asphalt production rate during all intervals of the 12-consecutive months for October 1, 2020, through September 30, 2022
- Exceedance of the concrete production rate of 20,000 cubic yards of concrete per calendar year as indicated in a table in the Order
The Order proposes to assess a civil penalty of $3,000. Certain appeal rights are provided by the Order.
A copy of the Order can be downloaded here.
The Between the Lines blog is made available by Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. and the law firm publisher. The blog site is for educational purposes only, as well as to give general information and a general understanding of the law. This blog is not intended to provide specific legal advice. Use of this blog site does not create an attorney client relationship between you and Mitchell Williams or the blog site publisher. The Between the Lines blog site should not be used as a substitute for legal advice from a licensed professional attorney in your state.