On behalf of the U.S. Environmental Protection Agency, the U.S. Attorney’ s Office for Arizona today filed lawsuits seeking penalties from two Phoenix sand and gravel companies over alleged Clean Air Act violations.
T.R.P., L.L.C., and Raven Rock Construction, L.L.C., both failed to comply with Maricopa County rules that require a permit for earth moving and dust generating activities. Both companies failed to submit a dust control plan to the county, and to use a suitable control device to remove dirt from vehicle tires entering and exiting construction sites.
Raven Rock also failed to immediately clean up any dust tracked out 50 feet beyond the site.
The EPA is seeking both injunctive relief and penalties up to $27,500
per violation per day.
Maricopa County discovered the violations at the T.R.P. facility during a January 2001 inspection, and found the same violations during inspections between March 2001 and August 2003. The county issued numerous notices of violations. The EPA also issued a notice of violation in July 2002 and followed up with an order in September 2002.
During a November 2002 inspection of the Raven Rock facility, Maricopa County discovered the violations, and found the same violations in subsequent inspections in December 2002 and March, June, July and August 2003. The EPA cited the company in August 2003 for the same violations and followed up with an order in September 2003.
Neither company has complied with the EPA’ s orders.