N.J. AG Chiesa, feds settle with Durand Glass

Bryan Cohen Oct. 2, 2012, 1:22pm


TRENTON, N.J. (Legal Newsline) - New Jersey Attorney General Jeffrey Chiesa and Department of Environmental Protection Commissioner Bob Martin announced a settlement on Monday with Durand Glass Manufacturing Company Inc. to resolve allegations of air quality law violations.

Under the terms of the joint state-federal settlement, Durand will pay a $150,000 civil penalty to the state of New Jersey and a $150,000 civil penalty to the federal government. The company allegedly violated air pollution control standards at its manufacturing plant in Millville.

As a result of the settlement, Durand has installed pollution control equipment at its Millville plant that is expected to reduce nitrogen oxide emissions by 174 tons per year. The equipment is also expected to reduce particulate matter emitted by the plant by approximately 24 tons annually.

"We continue to work with DEP to ensure compliance with New Jersey's air quality and other pollution control standards," Chiesa said. "This collaborative effort is crucial to protecting our environment and, in a broader sense, preserving the quality of life for all New Jersey citizens."

The Department of Environmental Protection and the U.S. Environmental Protection Agency filed a joint complaint on Monday against Durand, alleging that its tableware glass manufacturing plant failed to comply with federal and state air quality standards. The lawsuit was filed in U.S. District Court along with the consent decree.

The Durand matter is rooted in efforts by the federal government and the DEP to require the company to meet more stringent emission standards for particulate emissions and nitrogen oxides from its furnace number three.

The consent decree acknowledges that Durand has already installed Selective Catalytic Reduction air pollution control equipment designed to attain the lowest achievable emission rate for nitrogen oxide emissions and pollution control equipment meant to achieve the best available control technology equivalent for particulate matter.

Under the terms of the settlement, monitoring equipment will determine Durand's continued compliance with the emission limits of nitrogen oxide. Stack emission tests will determine if the company remains within limits for particulate matter.

The settlement resolves all allegations of non-compliance contained in the joint state-federal complaint against Durand. Durand makes no admission of violation in the settlement. The settlement has yet to be approved by the U.S. District Court.

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