Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty for Union City Pork Processing Facility

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Tennessee Air Pollution Control Board (“Board”) issued a proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Williams Sausage Company, Inc., (“Williams”) addressing an alleged violation of the Tennessee Air Regulations. See Case No. APC22-0033.

The proposed Order provides that Williams operates a pork processing facility (“Facility”) in Union City, Tennessee.

The Division of Air Pollution Control (“Division”) is stated to have received a construction permit application from Williams on September 10, 2021. The application is stated to have indicated that construction would begin on October 11, 2021 and conclude on December 10, 2021. Further, the Division is stated to have received a revised construction permit application from Williams on December 9, 2021. Such revised application is stated to have indicated that the construction start date was pending and would conclude by January 2022.

The revised application is stated to have indicated that a 16.3 BTU/Hr. boiler was constructed and completed at the Facility in 2010. The proposed Order therefore alleges that Williams constructed and operated the pork processing Facility operation prior to applying for and receiving the required permits.

The proposed Order states that Williams:

  • Constructed an air contaminant source not specifically exempted without first applying for and receiving the necessary construction permit
  • Operated an air contaminant source that is not specifically exempted without first applying for and receiving the necessary operating permit

The proposed Order assesses a civil penalty of $4,500.

Williams is provided certain appeal rights.

A copy of the proposed Order can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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