March 23, 2006

Last week, Judge Paula J. Manderfield of the 30th Circuit Court ordered Steven G. Smith, President of C.H. Smith Company, Inc., to serve 30 days in the Ingham County Jail for contempt of court as a result of deliberately violating the court’s Permanent Injunction that was issued on May 5, 2004, and prohibited the company from operating its gravel crushing plants.

“Disregard for Michigan’s environmental laws can have serious consequences for the health of our environment,” said Department of Environmental Quality Director Steven E. Chester. “The DEQ is obligated to enforce orders and judgments issued by the courts and will continue to investigate and prosecute those who choose to violate our environmental protection laws.”

DEQ staff first observed workers at the C.H. Smith Company operating prohibited crushing plants at the “Smith Pit” in Charlevoix County in September 2004, and documented additional evidence suggesting ongoing activities at the site in early 2005. Additionally, through further investigation by DEQ staff, it was discovered that Steven Smith reactivated a dormant corporation (Undine Excavating, Inc.) with close relatives identified as the officers, for the purpose of avoiding enforcement of the Permanent Injunction against C.H. Smith Company.

“Harming Michigan’s treasured environment is simply not permissible,” said Attorney General Michael Cox. “My office will continue to prosecute anyone who acts with disregard toward our natural resources.”

Gravel crushing plants can contribute to particulate matter levels less then 10 micrometers in diameter (PM10). PM10 is readily inhaled into the respiratory system where it can accumulate and lead to various health concerns. The unregulated operation of gravel crushing plants likely results in excessive emissions of PM10 due to the lack of pollution reducing controls.

The Permanent Injunction ordered by the court in this case stems from C.H. Smith Company’s failure to comply with federal and state air quality rules and regulations and an Administrative Consent Order requiring, in part, the permitting and testing of the crushing equipment and the payment of penalties.

Editor’s note: DEQ news releases are available on the department’s Internet home page at www.michigan.gov/deq.

Protecting Michigan’s Environment, Ensuring Michigan’s Future”

Revised March 23, 2006 by Pat Watson