Jupiter to pay more than $600,000 in fines

Monday, Sep 20, 2010
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Hammond's Jupiter Aluminum Corp. will pay $664,000 in a settlement over disputed technical violations of a federal consent decree, according to federal court filings last week.


The consent decree stemmed from a Clean Air Act civil suit, and Jupiter Aluminum had been challenging the Environmental Protection Agency's penalty demands for violating that decree, according to the U.S. Department of Justice.


"The company did not create any environmental harm and disputed the technical violations of the consent decree, but felt a resolution was in the best interest of the company and its future," said Mark Schoenfield, Jupiter Aluminum's attorney. "Jupiter will keep conducting business as usual."


In 2007, the U.S. Department of Justice, the city of Hammond and the Indiana Department of Environmental Management filed a complaint against Jupiter Aluminum for failing to establish proper pollution controls or monitor emissions from the company's aluminum recycling plant, court records show. A $2 million settlement later was reached in the case.


But the consent decree fines are separate penalties that must be paid by November 2012, according to the U.S. Department of Justice.


"There was an agreed-upon penalty," said Ron Novak, director of the Hammond Department of Environmental Management. "I think the way to hopefully resolve such issues in the future is … having the parties sit down routinely and point out where they think there are issues and try to work out these issues in an amicable manner instead of immediately going to court or challenging authorities."


According to U.S. Department of Justice attorneys, members of the agency will continue meeting with Jupiter Aluminum officials to discuss meeting environmental standards.


"The department is pleased to have resolved its differences with Jupiter without the need for further litigation," a U.S. Department of Justice release states.


"The department remains optimistic that Jupiter can operate its facility in compliance with the consent decree and Clean Air Act regulations."

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