ON SEPT 12, 2011, A COMPLAINT WAS FILED AGAINST J.L. FRENCH LLC AND NELSON METAL PRODUCTS LLC IN THE U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN. CONTAMPORANEOUSLY, A CD WAS LODGED WITH THE COURT, TO RESOLVE THE VIOLATIONS ALLEGED IN THE COMPLAINT. THE DEFENDANTS HAVE OWNED AND/OR OPERATED SECONDARY ALUMINUM PROCESSING FACILITIES, TWO IN SHEBOYGAN, WISCONSIN AND ONE IS GLASGOW, KY. THE COMPLAINT ALLEGES THAT THE DEFENDANTS VIOLATED CAA REQUIREMENTS, AND SPECIFICALLY CAA REGULATIONS LOCATED IN 40 CFR PART 63, SUBPART RRR.
12/29/2011 - THE MULTI-REGIONAL CD RESOLVES SECONDARY ALUMINUM MACT ISSUES IDENTIFIED AT THE TWO FACILITIES LOCATED IN SHEYBOYGAN, WISCONSIN, AND THE ONE FACILITY LOCATED IN GLASGOW, KY. THE INJUNCTIVE RELIEF REQUIRED THE COMPANY TO REVISE THE TITLE V OPERATING PERMITS, TO REVISE THE NOTIFICATION OF COMPLIANCE STATUS, TO REVISE THE OPERATION, MAIJNTENANCE AND MONITORING PLAN, TO CONDUCT COMPLIANCE TESTS AND SUBMIT QUARTERLY STATUS REPORTS. DURING NEGOTIATIONS, FINANCIAL DOCUMENTS WERE SUBMITTED TO THE U.S., IN SUPPORT OF AN INABILITY TO PAY CLAIM. THE DOJ ATTORNEY ASSIGNED TO THIS MATTER MADE A SETTLEMENT OFFER OF $50,000 TO BE PAID TO THE U.S. AND $30,000 TO BE PAID TO THE COMMONWEALTH OF KY.