ANTHEM
– The Maricopa County Air Quality Department ordered a Valley
builder to pay $75,000 in a dust settlement marking the highest
to date. Violations occurred at seven sites throughout the Valley
including one in Anthem near the Community Center.
A.R.
Mays Construction, a Scottsdale‑based commercial construction
company, signed the settlement agreement May 9 for 25 alleged
violations of the department’s air pollution rules and regulations.
Two of the violations named a 13.17‑acre project site
near Gavilan Peak Parkway and Whitman Drive in Anthem. A specific
address was not available because the site was under construction
at the time of the alleged violation.
The
Anthem violations, dated August 4, 2004 in the dust settlement,
include failure to install and maintain a track out control
device and failure to clean up or control a track out. A track
out is dust or material that can stick to vehicles or equipment
and then fall or be deposited onto a paved area accessible to
the public. It is intended to shake the dirt off of tires as
drivers pass over it to exit the project site.
“I
saw a picture and it was pretty obvious. There was a lot of
dirt in the street,” said Holly Ward, Air Quality’s community
and media relations manager.
She
identified track out control as a common problem. It is unclear
whether a citizen or an Enforcement Division officer made the
initial complaint, but Ward said an inspector has to witness
the occurrence in order for the defendant to receive a written
notice of violation. Approximately 55 percent of violations
stem from routine inspections. The remainder come from citizen
complaints.
A.R.
Mays Construction, who is responsible for other commercial projects
in the Valley including Grayhawk Plaza at Scottsdale Road and
Grayhawk Drive as well as improvements to the Desert Mountain
Clubhouse in Scottsdale, did not return phone calls or e‑mails
for comment. “Because of the size of the settlement, they’re
going to make it in installments and it’s due in full by next
May,” Ward said.
Each
monthly payment will be $6,250. Total dust pollution fines typically
range from a couple hundred dollars to a couple thousand dollars.
The
amount is dependent on the type of violation, the toxicity of
the pollutant, risk to the environment and the people around
it in addition to the size of the violation. Ward said the cooperation
of staff on site during inspection also factors into the settlement
amount.
The
unusually large settlement with A.R. Mays Construction is due
to a backlog of violations the department has been addressing
since the Enforcement Division was formed in July 2005. Prior
to that, Ward said, cases were handled by the Maricopa County
Attorney. The construction company received two prior dust settlement
referrals.
For
more information or to make a complaint with Maricopa County
Air Quality, call (602) 372‑2703 or go to www.maricopa.gov/aq
and go to “Contact us.”
Reach
the reporter at ambria@thedesertadvocate.com.
