# EMPIRE SAND & GRAVEL CO INC
> **Judicial** · FY1986 · — · Final Order With Penalty
## Case
- **Activity ID:** `47871`
- **Case Number:** 08-1986-0077
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $30K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- EMPIRE SAND AND GRAVEL CO., INC. (complaint) (settlement)
## Summary

ALLEGED VIOLATIONS                                         FAILURE TO COMPLY WITH NSPS EMMISSIONS LIMITS FOR PARTI-  CULATE MATTER & OPACITY APPLIED TO ASPHALT CONCRETE PLANTS,  40 C.F.R. PART 60, SUBPART I.  REGULATION REQUIRES OPACITY   NO GREATER THAN 20% AND PARCTICULATE NO GREATER THAN .04     GRAINS/DSCF.  OPACITY READING OF 09/21/84 AT 60%.            ADMINISTRATIVE ORDER TO CEASE UNTIL COMPLIANCE, ISSUED       03/21/85.  READING ON 4/18/85 AT 30%.  TEST ON 06/11/85      HAD EMISSION LEVEL AT .05 GRAINS/DCSF.  22 AUG 1985          TAKEN AT .05 GR./DSCF.                                       PASSED ON 8/21 ON COAL AT 75% CAPACITY.  NOW HAS STATE       PERMIT TO OPERATE AT REDUCED CAPACITY.  SPECIFIC DIESEL      FUEL ACTIONS OF SPECIFICATIONS OF DIESEL FUEL OR COAL AND    FRESH WATER AT REDUCED CAPACITY. ADMISSIONS MAY SUPPORT      MOTION FOR SUMMARY JUDGEMENT.  PENALTY CALCULATED AT         $40,000.

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*Source: [EPA ECHO](https://echo.epa.gov/) · MORVS · CC0 1.0*