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Feb. 7, 2001
Vol. 31, No. 33

For further information, contact Nancy Terranova, 302-323-4542; or Don White or Melinda Carl, 302-739-4506.

DNREC Issues Notice of $23,000 Penalty to Buffalo Concrete for Air Pollution Permitting Violations

Department of Natural Resources and Environmental Control Secretary Nicholas A. DiPasquale has issued a Notice of Administrative Penalty Assessment and Order with a $23,000 penalty to Buffalo Concrete Company, Barlows Bridge Road, Townsend, for violations of Delaware's Regulations Governing Air Pollution Control.

Buffalo Concrete operates a portable concrete mixer plant in Townsend. The facility receives shipments of sand, gravel and crushed stone (aggregate) and cement. The aggregate is stored in bins and the cement stored in silos. Custom tailored orders of aggregate and cement are loaded onto trucks and mixed for delivery.

The company was assessed the penalty for construction and operation of additional equipment at its facility without proper permits. The company was also ordered to pay $1,000 in investigative and legal costs.

Buffalo Concrete acquired the Townsend facility in January 1989 from Wyoming Concrete, according to notification to DNREC by Wyoming Concrete. At that time, there was a permit for operation of a portable truck mixer plant and a 50-ton cement storage site.

An annual inspection by DNREC in May 1999 revealed that four bag houses and two additional silos, one of which was divided into two compartments, were in operation. The bag houses were installed to reduce fugitive emissions that occurred during loading of the silos. Buffalo Concrete could not provide documentation of construction or operating permits for the additional equipment or the time period during which construction occurred. The company was notified by DNREC in July 1999 to submit an application to amend its existing permit by incorporating the unpermitted equipment within 30 days. The company complied by submitting an application on Aug. 2, 1999.

Buffalo Concrete has 30 days to request a public hearing on the Order and penalty assessment.

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Document no. 40-01/01/02/04
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