ATTORNEY GENERAL, DEP COMMISSIONER ANNOUNCE SETTLEMENT THAT
RESOLVES ALLEGATIONS DURAND GLASS VIOLATED AIR QUALITY LAWS
(12/P111) TRENTON - Attorney General Jeffrey S. Chiesa and Department of Environmental Protection (DEP) Commissioner Bob Martin announced today that Durand Glass Manufacturing Company, Inc., will pay the State a civil penalty of $150,000 under a joint state-federal settlement that resolves allegations the company violated air pollution control standards at its Millville manufacturing plant.
Under the settlement agreement, filed in U.S. District Court, Durand also will pay the federal government a civil penalty of $150,000.
As a result of the settlement, Durand has already installed pollution control equipment expected to reduce nitrogen oxide emissions from its Millville plant by 174 tons per year, and to reduce particulate matter emitted by the facility by approximately 24 tons per year.
“We continue to work with DEP to ensure compliance with New Jersey’s air quality and other pollution control standards,” said Attorney General Chiesa. “This collaborative effort is crucial to protecting our environment and, in a broader sense, preserving the quality of life for all New Jersey citizens.”
“I commend Durand Glass for working with the State to resolve these issues by proactively installing the emissions control equipment in advance of signing the settlement agreement,” Commissioner Martin said. “By taking these steps, the company is improving air quality in the Vineland area, at the same time protecting jobs that are important to the region’s economy.”
A joint Complaint filed against Durand by DEP and the U.S. Environmental Protection Agency (EPA) alleged that the Millville plant, which manufactures tableware glass, had failed to comply with both state and federal air quality standards. The Complaint was filed today in U.S. District Court along with a Consent Decree memorializing the settlement.
Division of Law Director Christopher S. Porrino explained that the Durand matter has its roots in an effort by DEP and the federal government to have Durand meet more stringent emission standards for nitrogen oxides and particulate emissions from its Furnace No. 3.
He noted that the Consent Decree filed today acknowledges Durand already has installed Selective Catalytic Reduction (SCR) air pollution control equipment designed to attain the Lowest Achievable Emission Rate equivalent for nitrogen oxide emissions.
The Consent Decree also acknowledges that Durand has installed pollution control equipment designed to achieve the Best Available Control Technology equivalent for particulate matter, as well as “fine particulates” or particulate matter of 10 micrometers or less (PM-10).
Under the settlement, monitoring equipment will determine the Durand plant’s continued compliance with nitrogen oxides emission limits. Compliance with emission limits for particulates, including fine particulates, will be monitored via annual stack emission tests.
The Consent Decree filed today resolves all allegations of non-compliance contained in the joint state-federal Complaint against Durand. Under the Consent Decree, Durand makes no admission of violation. The Consent Decree still must be approved by the U.S. District Court.
Deputy Attorney General Scott B. Dubin, assigned to the Division of Law’s Environmental Enforcement and Homeland Security Section, handled the Durand matter on behalf of the state.