On September 27, 2010 and December 30, 2011, Region 5 issued Finding of Violations to RTTD for violations of the Clean Air Act and its implementing regulations under the Michigan State Implementation Plan (SIP) at Mich. Admin. Code r. 336.1201 and Mich. Admin. Code r. 336.1208, and the Wayne County Ordinance at WCPCO Section 801.A and Mich. Admin. Code r. 336.1901. Specifically, RTTD was operating without a permit and in violation of the Michigan SIP (specifically, that portion of the SIP which prohibits causing the emission of an air contaminant in quantities that cause unreasonable interference with the comfortable enjoyment of life and property).
Under the terms of the ACO, RTTD will obtain a Permit To Operate and Permit To Install for the facility within two-hundred and fifty (250) days of the effective date of the ACO, and requires those permits to include provisions for the installation and operation of emission control technology (including at least one scrubber) required to achieve compliance with the Michigan SIP. In addition, RTTD has agreed not to use two surface impoundments at the facility in a manner which will cause unreasonable interference with the comfortable enjoyment of life and property (these impoundments have been emptied and spray washed since issuance of the NOVs).