Panel: William Godolphin, Andrew J. Lynch, Harry Hunter
The appellant appealed a permit allowing the respondent to discharge air contaminants from an asphalt plant located in the Appellant’s district. The appellant claimed that the respondent had failed to meet the maximum discharge criteria set by the G.V.R.D. They claimed further that the permit should be rescinded until which time the respondent could meet those criteria.
The Board agreed with the Appellant’s submissions that the Respondent’s history has been checkered with varying levels of compliance. However, the Board found that the plant was within the standards required by the G.V.R.D. It modified the permits to include continuous documenting of temperatures to ensure compliance with the temperature standards.