# JENSEN BROTHERS HAY
> **Administrative - Formal** · FY1985 · — · Withdrawn by Region/State
## Case
- **Activity ID:** `47755`
- **Case Number:** 08-1985-0019
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Withdrawn by Region/State
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- JENSEN BROTHERS HAY
## Summary

JENSEN BROTHERS OWNS AN ALFALFA PROCESSING PLANT AP-    PROXIMATELY ONE MILE WEST OF MECKLING, S.D. SOUTH DAKOTA     SIP REGULATION ARSD 74:26:03:05 PROHIBITS ANY PERSON OPER-   ATING AN ALFALFA DRYING FACILITY FROM DISCHARGING INTO THE   AMBIENT AIR ANY AIR CONTAMINANT OF A SHADE OR DENSITY EQUAL  TO OR DARKER THAN  ...  30% OPACITY.                              THREE VIOLATIONS WERE OBSERVED BY THE S.D. DEPT. OF     ENVIRON. PROTECTION:    6/23/83 --  64% OPACITY              7/18/83 --  66% OPACITY                                      10/6/83 --  87.7% OPACITY.                                        REGION EIGHTISSUED A SECTION-120 NON ON 6/11/84.             ON 2/28/85, M. RISNER OF REG-VIII SENT EPA-HQ A SAMPLE  CONSENT AGREEMENT WHICH HE PROPOSED WOULD ADEQUATELY SETTLE  ALL FIVE OF THE REGION-VIII ALFALFA CASES:  JENSEN BROS.,    NATIONAL ALFALFA, SIOUX ALFALFA, BARNES JHAY & FEED, AND     MILBANK ALFALFA.  HQ RESPONDED AT THE END OF MARCH, 1985,    STATING THAT THERE WERE JUST TWO WAYS OF SETTLING A SECT/120 PROCEEDING SHORT OF A 'FULL ECONOMIC BENEFIT PENALTY':       WITHDRAW, OR MODIFY THE NOTICE OF NONCOMPLIANCE. (BECAUSE    THE SOURCE IS NOT IN VIOLATION OR IS ENTITLED TO EXEMPTION   UNDER 40CFR SECT'S 66.31-66.33.  HQ RESPONDED THAT THE PRO-  POSED CONSENT AGREEMENT WAS INADEQUATE.                           REGION-VIII, AED, AND SSCD PARTICIPATED IN A CONFERENCE CALL (5/7/85) IN WHICH A RESOLUTION OF THE PROBLEMS WITH THE PROPOSED GENERIC CONSENT AGREEMENT WERE R

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