Courts Reject TRO on Anaplex

Los Angeles County and the South Coast Air Quality Management District (SCAQMD) teamed up to seek a joint court order against Anaplex Corporation, attempting to immediately reduce its hexavalent chromium emissions. However, the temporary restraining order (TRO) was denied by the Los Angeles County Superior Court. Judge Joanne O’Donnell ruled that the SCAQMD’s independent hearing board has primary jurisdiction in this case; as such, the Court cannot issue a court order against the metal-processing company.

Prior to the attempted restraining order, Aerocraft Heat Treating Company had already come to an agreement with the District, resolving to take 22 actions to reduce its chrome 6 emissions, leaving Anaplex alone in its refusal to immediately comply. On December 20, Anaplex signaled its intention to obey SCAQMD plans and abatement orders, pending approval by the District’s hearing board. As the board is scheduled to meet next in January, SCAQMD stated that they were unwilling to wait that long to protect public health.

Had the temporary restraining order gone into effect, Anaplex would have been compelled to shut down all equipment with the potential to emit hexavalent chromium if the level emitted at the facility’s fence line exceeded 1.0 nanogram per cubic meter.

Both the County and SCAQMD must wait until the hearing board meets on January 5, 2017 to continue their efforts to enforce abatement.

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