Wastewater/Air Enforcement: Louisiana Department of Environmental Quality and Denham Springs Ready-Mixed Concrete Facility Enter into Settlement

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Louisiana Department of Environmental Quality (“LDEQ”) and Angelle Concrete Group, LLC (“ACG”) entered into a Settlement Agreement (“Settlement”) addressing alleged wastewater and air permit violations. See Settlement Tracking No. SA-MM-22-0057.

The Settlement provides that ACG owns and/or operates Angelle/Delta Concrete – Denham Springs plant (“Facility”) which is a ready-mixed concrete facility in Livingston Parish, Louisiana.

The Facility is stated to operate under an Air Permit and Louisiana Pollutant Discharge Elimination System (“LPDES”) permit.

Alleged air violations include:

  • Failure to take all reasonable precautions to prevent particulate matter from becoming airborne
  • Section of the paved area was not clean
  • Baghouses not used and diligently maintained in proper working order

Alleged water/wastewater violations include:

  • Unauthorized discharge of pollutants to waters of the state from a source or location not authorized by a permit
  • Allowing solids and visible foam to be discharged from an outfall to a local drainage ditch causing an accumulation of solids and foams in the ditch
  • Failure to prevent significant changes of color to the water in a receiving stream
  • Exceedance of effluent limitations in the LPDES permit
  • Failure to submit discharge monitoring reports

A Compliance Order attached to the Settlement requires that ACG take any and all necessary steps to achieve and maintain compliance with the air quality and water quality regulations, permit limitations and conditions in the applicable air and LPDES permits. Further, within 30 days of receipt of the Compliance Order properly complete discharge monitoring reports. In addition, submit a completed NetDMR Subscriber Agreement to LDEQ for approval to submit DMRs electronically using NetDMR within 30 days after receipt of the Compliance Order.

The Settlement assesses a penalty of $8,619.85 of which $2,119.85 is stated to represent LDEQ’s enforcement costs.

A copy of the Settlement can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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