By plant Walter F. Roche Jr.
An administrative law judge has turned down an appeal by the Austin Powder Co. of fines imposed by a federal mining agency for violations cited in 2012 for a facility in Decatur County.
In a decision handed down earlier this month Administrative Law Judge Kenneth Andrews concluded that Austin still must pay a fine for violations cited by the U.S. Mine Safety and Health Administration (MSHA).
The violations were found at an explosives storage facility Austin operates on rented land in Decatur County. The land, known as Parsons Quarry, is owned by Vulcan Construction Materials
Austin is the owner of US Nitrogen which is completing construction of a more than $200 million ammonium nitrate manufacturing facility in Greene County.
Attorneys for Austin had argued that the company did not get adequate notice that it was subject to the federal agency's jurisdiction.
They noted that the same agency had vacated previous citations against Austin because of a lack of jurisdiction. The citations issued in 2008 involved lack of protective gear to protect against an electric charge causing an explosion.
Andrews, however, concluded in his 23-page decision, that federal law made it clear that Austin was indeed subject to agency regulation and the company should have been aware of it.
"A plain language reading of the Mine Act shows that MSHA has jurisdiction over the respondents leased property at Parson Quarry," Andrews wrote, adding that the language of the statute "is clear and unambiguous."
He also rejected Austin's claims that its use of the storage area was "de minimus" and not subject to agency oversight.
He ordered the two parties to confer over the next 30 days in an attempt to reach a compromise on the fines and penalties to be imposed.
Saturday, June 27, 2015
Friday, May 29, 2015
Trespass Suit Filed On USN Pipeline
By Walter F. Roche Jr.
Four Greene County residents have filed suit charging that a controversial 12-mile pipeline was illegally installed on their property and they are seeking up to $2.5 million in damages.
The six-page suit filed today in Greene County Circuit Court names as defendants US Nitrogen and the Industrial Development Board of Greeneville and Greene County.
The complaint seeks up to $500,000 in regular damages and up to $2 million in punitive damages.
"Despite repeated warnings the defendants and their agents entered upon the private property of the plaintiffs without permission, consent or any right to do so," the suit states.
It charges that not only were parts of the pipeline placed on private property, but the defendants unlawfully appropriated truckloads of dirt and soil belonging to the plaintiffs.
Those filing the suit are Donahue Bible, Jack and Margaret Renner and Donna Snowden.
The suit is but the latest in a series of legal challenges to the pipeline which will be used to supply water to US Nitrogen's $200 million ammonium nitrate manufacturing facility.
Plans call for more than a million gallons of water per day to be pumped from the Nolichucky River to the US Nitrogen plant.
One legal challenge to the plant and pipeline was rebuffed last week in a ruling by Greene County Chancellor Douglas Jenkins. Another challenge is pending in Davidson County Chancery Court.
Officials of US Nitrogen have insisted that the pipeline was being properly placed on the rights-of-way for Routes 340 and 348.
The new suit charges that US Nitrogen and the IDB engaged in "outrageous conduct" and were intentionally reckless thus justifying an award for punitive damages.
wfrochejr999@gmail.com
Four Greene County residents have filed suit charging that a controversial 12-mile pipeline was illegally installed on their property and they are seeking up to $2.5 million in damages.
The six-page suit filed today in Greene County Circuit Court names as defendants US Nitrogen and the Industrial Development Board of Greeneville and Greene County.
The complaint seeks up to $500,000 in regular damages and up to $2 million in punitive damages.
"Despite repeated warnings the defendants and their agents entered upon the private property of the plaintiffs without permission, consent or any right to do so," the suit states.
It charges that not only were parts of the pipeline placed on private property, but the defendants unlawfully appropriated truckloads of dirt and soil belonging to the plaintiffs.
Those filing the suit are Donahue Bible, Jack and Margaret Renner and Donna Snowden.
The suit is but the latest in a series of legal challenges to the pipeline which will be used to supply water to US Nitrogen's $200 million ammonium nitrate manufacturing facility.
Plans call for more than a million gallons of water per day to be pumped from the Nolichucky River to the US Nitrogen plant.
One legal challenge to the plant and pipeline was rebuffed last week in a ruling by Greene County Chancellor Douglas Jenkins. Another challenge is pending in Davidson County Chancery Court.
Officials of US Nitrogen have insisted that the pipeline was being properly placed on the rights-of-way for Routes 340 and 348.
The new suit charges that US Nitrogen and the IDB engaged in "outrageous conduct" and were intentionally reckless thus justifying an award for punitive damages.
wfrochejr999@gmail.com
Tuesday, May 26, 2015
US Nitrogen Declines to Identify Employers in Drug Arrests
By Walter F. Roche Jr.
Officials of US Nitrogen will not disclose the companies that employed three workers on the company's $200 million Greene County project who were arrested last week on drug charges.
Responding Tuesday to questions about the arrests, US Nitrogen spokeswoman Amanda Jennings would only say that the three were not directly employed by US Nitrogen.
"The individuals in question were employed by independent contractors working on the US Nitrogen site," she wrote in an email.
Records show that two of the three arrested had prior arrests and one of those, Howie C. Carver, 44, from South Carolina, had an extensive record including multiple drug convictions.
Also arrested were Michael C. Hayes, 21, of Bybee and Shane P. Andrews, 31, from Alabama. Andrews had prior arrests in Alabama.
Carver was charged with one count of possession of marijuana and Hayes was charged with two counts of simple possession. They were both arrested Tuesday.
Andrews was arrested Thursday following a traffic accident and charged with possession of drug paraphernalia.
Jennings issued a brief statement on US Nitrogen's drug policy when asked about the arrests.
"US Nitrogen follows the State of Tennessee’s Drug-Free Workplace program for its employees and requires that all independently contracted companies at its worksite have a robust drug screening policy in place," she wrote in an email.
"US Nitrogen requires contracting companies to screen every employee before US Nitrogen will issue employee credentials to its construction site. Each independent contractor company is required to administer and monitor a drug-screening program for new employees upon hire and for current employees at random intervals," she continued.
Asked whether US Nitrogen took any action against the employers of the three, Jennings did not directly respond.
"I can only confirm that they are independent contractors and not employed by US Nitrogen," she wrote.
wfrochejr999@gmail.com
Officials of US Nitrogen will not disclose the companies that employed three workers on the company's $200 million Greene County project who were arrested last week on drug charges.
Responding Tuesday to questions about the arrests, US Nitrogen spokeswoman Amanda Jennings would only say that the three were not directly employed by US Nitrogen.
"The individuals in question were employed by independent contractors working on the US Nitrogen site," she wrote in an email.
Records show that two of the three arrested had prior arrests and one of those, Howie C. Carver, 44, from South Carolina, had an extensive record including multiple drug convictions.
Also arrested were Michael C. Hayes, 21, of Bybee and Shane P. Andrews, 31, from Alabama. Andrews had prior arrests in Alabama.
Carver was charged with one count of possession of marijuana and Hayes was charged with two counts of simple possession. They were both arrested Tuesday.
Andrews was arrested Thursday following a traffic accident and charged with possession of drug paraphernalia.
Jennings issued a brief statement on US Nitrogen's drug policy when asked about the arrests.
"US Nitrogen follows the State of Tennessee’s Drug-Free Workplace program for its employees and requires that all independently contracted companies at its worksite have a robust drug screening policy in place," she wrote in an email.
"US Nitrogen requires contracting companies to screen every employee before US Nitrogen will issue employee credentials to its construction site. Each independent contractor company is required to administer and monitor a drug-screening program for new employees upon hire and for current employees at random intervals," she continued.
Asked whether US Nitrogen took any action against the employers of the three, Jennings did not directly respond.
"I can only confirm that they are independent contractors and not employed by US Nitrogen," she wrote.
wfrochejr999@gmail.com
Friday, May 22, 2015
US Nitrogen Suit Tossed in Greene County
Greene County Chancellor Douglas Jenkins has thrown out the remaining claims in a suit brought by local residents opposed to the US Nitrogen project on Pottertown Road.
Jenkins, who already had dismissed many of the claims in the original suit, announced the decision in a Friday court session.
The suit against the county and various boards and agencies challenged the legality of favorable actions for the project by county commissioners.
Jenkins, however, dismissed the claims, including charges that the state open meeting law was violated in the approval process.
Jenkin's order of summary judgment can be challenged in an appeal, but plaintiffs could not be reached for comment on that possibility.
A second suit challenging the project and approvals given by the Tennessee Department of Transportation is still pending in Davidson Chancery Court.
A motion for dismissal in that case is pending.
The court action comes as US Nitrogen announced plans this week to begin testing of the $220 million ammonium nitrate manufacturing facility, including a double barreled 12 mile pipeline from the plant to the Nolichucky River.
wfrochejr999@gmail.com
Jenkins, who already had dismissed many of the claims in the original suit, announced the decision in a Friday court session.
The suit against the county and various boards and agencies challenged the legality of favorable actions for the project by county commissioners.
Jenkins, however, dismissed the claims, including charges that the state open meeting law was violated in the approval process.
Jenkin's order of summary judgment can be challenged in an appeal, but plaintiffs could not be reached for comment on that possibility.
A second suit challenging the project and approvals given by the Tennessee Department of Transportation is still pending in Davidson Chancery Court.
A motion for dismissal in that case is pending.
The court action comes as US Nitrogen announced plans this week to begin testing of the $220 million ammonium nitrate manufacturing facility, including a double barreled 12 mile pipeline from the plant to the Nolichucky River.
wfrochejr999@gmail.com
Wednesday, May 20, 2015
Link to US Nitrogen Start-Up Flier
https://bay179.mail.live.com/mail/ViewOfficePreview.aspx?messageid=mgZJe3tvj-5BGlFwAhWtiBjA2&folderid=flinbox&attindex=2&cp=-1&attdepth=2&n=91930798
US Nitrogen to Begin Startup Process
By Walter F. Roche Jr.
US Nitrogen officials announced today that with construction of its manufacturing facility nearly complete, it will begin the process of putting the plant online.
In a statement issued today, US Nitrogen plant manager Justin Freeark said the start-up and testing will take place over the summer and fall with actual production being phased in.
The facility will produce ammonium nitrate which will be shipped to other facilities for the manufacture of explosives.
The start-up comes as the company continues to face legal challenges in courts in Davidson and Greene Counties.
“Testing and startup processes for our facility will take place over several months, because we are taking every safety precaution with each phase. Additionally, comprehensive training has been completed,” Freeark said.
As part of that process, Freeark said, the company will begin utilizing a double pipeline from the plant to the Nolichucky River.
Freeark acknowledged that the testing and start-up processes will be at times noisy.
“We are committed to keeping the public up-to-date on the progress of our facility’s operation,” Freeark said. “As part of that commitment, we want to make residents aware of some noise and sights they might experience as part of the routine start-up processes and essential safety procedures,” he added.
He said the company has issued fact sheets to residents within a two-mile radius of the Pottertown Road facility.
Among the expected noises are "air blows" which will be used to remove dust and debris accumulated during the construction process. Freeark also said clouds of steam will be visible during the start-up.
Flare systems also will be tested and visible flairs are likely on the facilities stacks.
US Nitrogen officials announced today that with construction of its manufacturing facility nearly complete, it will begin the process of putting the plant online.
In a statement issued today, US Nitrogen plant manager Justin Freeark said the start-up and testing will take place over the summer and fall with actual production being phased in.
The facility will produce ammonium nitrate which will be shipped to other facilities for the manufacture of explosives.
The start-up comes as the company continues to face legal challenges in courts in Davidson and Greene Counties.
“Testing and startup processes for our facility will take place over several months, because we are taking every safety precaution with each phase. Additionally, comprehensive training has been completed,” Freeark said.
As part of that process, Freeark said, the company will begin utilizing a double pipeline from the plant to the Nolichucky River.
Freeark acknowledged that the testing and start-up processes will be at times noisy.
“We are committed to keeping the public up-to-date on the progress of our facility’s operation,” Freeark said. “As part of that commitment, we want to make residents aware of some noise and sights they might experience as part of the routine start-up processes and essential safety procedures,” he added.
He said the company has issued fact sheets to residents within a two-mile radius of the Pottertown Road facility.
Among the expected noises are "air blows" which will be used to remove dust and debris accumulated during the construction process. Freeark also said clouds of steam will be visible during the start-up.
Flare systems also will be tested and visible flairs are likely on the facilities stacks.
Friday, May 15, 2015
US Nitrogen Awards Scholarships
US Nitrogen sponsored two $1,000 scholarships
each for two high school seniors at West Greene High School, according to company spokeswoman Amanda Jennings.
Winners were Erica Reynolds and Devan Johnson. Reynolds is valedictorian and participates in multiple sports. She hopes to become a pharmacist. Johnson
is a volunteer at Takoma Regional Hospital and his church. He hopes to become a medical transport pilot.
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