| DEP
Reaches Settlement with Atlantic States Cast Iron Pipe for
Air and
Water Pollution Violations:
Substantial Reductions of Air Emissions and Water Pollutants
Achieved
(03/156) TRENTON - New
Jersey Department of Environmental Protection (DEP) Commissioner
Bradley M. Campbell today announced two settlement agreements
with Atlantic States Cast Iron Pipe (Atlantic States), Warren
County, for multiple violations of the New Jersey Air Pollution
Control and Water Pollution Control Acts. The total penalty
for both settlements is nearly $1.4 million.
"Atlantic States appears ready to
reverse its past history of environmental noncompliance
and has now made an enforceable commitment to reduce toxic
air pollution emissions and closely adhere to water pollution
control measures required to protect public health and the
environment," said Commissioner Campbell. "The
company has taken an important first step toward compliance
by switching to a new type of paint that will prevent the
emission of hundreds of tons of air pollution each year."
Under the settlement agreement, Atlantic
States must reduce emissions of volatile organic compounds,
which contribute to the formation of ozone, by an estimated
350 tons annually. This reduction will be achieved by substituting
water-based paint for the asphalt-based paint typically
used in the industry to coat cast iron pipes. In addition,
Atlantic States submitted an application to modify its Air
Pollution Control Operating Permit to reflect the addition
of its paint spray operation. The facility also must evaluate
the type of emission controls or other measures needed to
meet its air pollution emission limits that will be specified
in the new permit.
"This settlement demonstrates our
commitment to addressing in-state sources of pollution at
the same time that we are vigorously pursuing out-of state
sources," said Attorney General Peter C. Harvey. "We
will continue to be vigilant in our enforcement of environmental
laws."
To address its stormwater violations, Atlantic
States commissioned a new stormwater collection and reuse
system and closed three of four outfall pipes, which discharge
into the Delaware River.
Atlantic States manufactures cast iron
pipes by processing recycled scrap metal through a melting
furnace to produce a base molten iron. Once cast, the pipes
are coated with paint. As a result of the process, the facility
emits carbon monoxide, particulate matter and other air
contaminants.
Between 1999 and 2002, the DEP issued 10
enforcement orders and penalty assessments to Atlantic States
for exceeding air pollution limits for carbon monoxide,
for illegally installing and operating a paint spray operation
without proper air pollution permits, for exceeding emission
standards of particulate matter and nickel compounds, and
for allowing emissions to bypass air pollution controls.
Atlantic States also was fined for failure
to keep proper records and submit stack emission test results.
To settle the air pollution violations, Atlantic States
will pay the state a $1 million penalty in three installments,
which will be paid in full by March 2004.
In addition to air pollution violations,
between 1997 through 2001, Atlantic States violated water
pollution limits regulated by its DEP permit and failed
to sample and analyze its stormwater discharge. Atlantic
States discharges stormwater to the Delaware River through
the Town of Phillipsburg's municipal storm sewer system.
To settle its water pollution violations, Atlantic States
will pay the state a $381,648 penalty plus interest to be
paid in full by 2004.
In both cases, Atlantic States admits no
liability.
Copies of the settlement agreements between
the DEP and Atlantic States for both air and water pollution
violations are available upon request.
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