# LEHIGH PORTLAND CEMENT
> **Judicial** · FY1983 · — · Final Order With Penalty
## Case
- **Activity ID:** `42284`
- **Case Number:** 07-1983-0009
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $35K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- LEHIGH PORTLAND CEMENT COMPANY (complaint) (settlement)
## Summary

THE SUBJECT CO IS IN VIOLATION OF THE REQUIREMENTS OF IOWA ADMIN CODE REGS 4.3(2)C(2) (FUGITIVE DUST NON-ATTAINMENT     AREAS), AND 4.1(1) & 4.1(2)C, OPACITY.  IOWA HAS BEEN DELEG- ATED THE AUTHORITY TO ENFORCE THE NSPS FOR PORTLAND CEMENT   PLANTS (40CFR PART 60, SUBPART F).  IN ADDITION, THE SOURCE  IS LOCATED IN A NONATTAINMENT AREA FOR PARTICULATE MATTER.   REGION VII ISSUED AN NOV ON 3/16/83.  CONTINUING VIOLATIONS  WERE DOCUMENTED ON 7/12/83 AND OTHER DATES BY REGION VII AND STATE INSPECTORS.                                              THIS CASE IS BEING REFERRED PURSUANT TO THE ENFORCEMENT    POLICY SET OUT IN THE 9/30/83 MEMO ENTITLED  ENFORCEMENT     ACTION AGAINST STATIONARY AIR SOURCES WHICH WILL NOT BE IN   COMPLIANCE BY DECEMBER 31, 1982.   THE STATE AGENCY'S ACTION IN REGARD TO THESE VIOLATIONS IS NOT IN CONFORMITY WITH THAT POLICY.  THE STATE HAS ISSUED A DEPARTMENTAL ORDER CONTAIN-  ING A GENERAL COMPLIANCE SCHEDULE, BUT THE ORDER CONTAINS    NO INCREMENTS OF PROGRESS, NOR DOES IT IMPOSE PENALTIES      FOR PAST VIOLATIONS NOR STIPULATED PENALTIES FOR             FAILURE TO COMPLY WITH THE SCHEDULE IN THE ORDER.  THE DEF   DEFENDANT HAS CONTESTED THE STATE ORDER AND WANTS A SCHEDULE RUNNING TO 1986.                                                  CONSENT ORDER ENTERED 5/84, W. SOME OF SCHEDULE RUNNING TO '86, AND STIP. PENS. BUT NO PENS. FOR PAST VIOLATIONS.    BECAUSE LEHIGH HAS APPEALED THE ORDER, MOST OF THE           COMPLIANCE DATES THEREIN HAVE PASSED. 

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