Order of Abatement

Pinal County Signs Order of Abatement by Consent with Johnson Utilities L.L.C. over Hydrogen Sulfide Violations


FLORENCE, AZ – Pinal County Air Quality announces it has signed an Order of Abatement by
Consent with Johnson Utilities L.L.C. on Monday, August 21. This action comes after the Board
of Supervisors studied a potential lawsuit against the utility company after numerous violations
of the county’s Air Quality Control District Code of Regulations.

On June 21, regular session meeting, the Supervisors voted 4-1 to negotiate an Order of
Abatement by Consent with Johnson Utilities by August 15; if they felt the company had
mitigated the problem or is making a good faith effort to mitigate problem. Supervisor Mike
Goodman was the lone “no” vote saying he felt that the county should file the complaint

Simply put, the Order of Abatement by Consent is a negotiated settlement between parties
intended to resolve violations, provide compliance, and avoid further litigation.

Under the agreement, the Notice of Violations from June 2016 to June 2017 have been resolved.

Johnson Utilities L.L.C. is required to submit a compliance plan that includes engineering
analysis and additional controls for compliance with hydrogen sulfide limits within 60 days and
commence the implementation of that plan within 180 days. If those are not met, penalties are
stipulated in the order. If these deadlines are not met, Johnson Utilities L.L.C. will pay a
stipulated penalty of $250 for the first five business days; $500 for the following five business
days and $1,000 per business day after that.

Other stipulations from the Order of Abatement by Consent:

  • Requires Johnson Utilities L.L.C. to apply for and obtain an industrial air quality permit
    if the facility design demonstrates point source emissions exceed county permitting
  • Require Johnson Utilities L.L.C. to conduct air quality monitoring for hydrogen sulfide
    and report results to Pinal County. Measured violations must be reported to Pinal County
    and to the public within 24-hours and 48 hours, respectively.
  • Requires a settlement payment in the amount of $20,000 by September 18, 2017.


Source: Pinal County