ConCrete DifferenCe

Transcription

ConCrete DifferenCe
ConCrete
DifferenCe
spring/summer 2008
The
the official Publication of the Pennsylvania Aggregates and Concrete Association/Pennsylvania Concrete Promotion Council
Concrete
Industry
Goes
Green
NRMCA
Green-Star
Certification
Program
PA Plants Transform
Operations to Benefit
the Environment
RESULTS SPEAK FOR THEMSELVES . . .
has been acquired by
has been acquired by
a member of the
has been acquired by
G8IB 8M<EL< <HL@KP G8IKE<IJ
___________________
The undersigned acted as financial
advisor to Hardaway Concrete
Company, Inc.
The undersigned acted as financial
advisor to Coastal Concrete, Inc.
The undersigned acted as
financial advisor to
B.E.T.-ER Mix, Inc.
has been acquired by
a portfolio company of Texas Growth Fund
and Austin Ventures, has been acquired by
Compañia de Cemento Argos S.A.
has been acquired by
___________________
___________________
The undersigned acted as
financial advisor to
Compañia de Cemento Argos S.A.
___________________
___________________
The undersigned acted as financial
advisor to Southern Star Concrete, Inc.
___________________
The undersigned acted as
financial advisor to
Ready Mixed Concrete Company.
M&A ADVISORY AND CAPITAL RAISING EXPERTISE FOR
READY MIXED CONCRETE COMPANIES THAT POUR MORE
THAN 200,000 YARDS PER YEAR.
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Eric Andreozzi, Managing Director, at (704) 333-0518 · Brian Davis, Director, at (704) 333-0136
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Concrete
Difference
The
spring/summer 2008
contents
Welcome to The Concrete
Difference
6
Continual Environmental Improvement:
NRMCA’s Green-Star
Certification Program
by Douglas A. Ruhlin
11
Going Green:
Pennsylvania’s Ready Mixed Plants
Transform Operations to Benefit the
Environment
by Mary Lou Jay
21
Concrete Suggestions:
Using a Government Inspection Checklist
by Joel R. Burcat, Esq.
24 Industry News
Pennsy Supply Heads to Driving Range
PACA Recognizes Conewago’s Don Smith, Jr.
and Residential, Commercial Projects of the Year
30
Index of Advertisers
The Concrete Difference
is published for the
Pennsylvania Aggregates
and Concrete Association/
Pennsylvania Concrete
Promotion Council
3509 North Front Street
Harrisburg, PA 17110-1438
phone (717) 234-2603
fax (717) 234-7030
www.pacaweb.org
President
Peter T. Vlahos
Managing Editor
Ken Crank
Published by
Publisher
John Kilchenstein
Editor
Leslee Masters
Project Manager
Alana Place
Publication Director
John Pashko
Sales Manager
Derek Kuzina
Welcome to the Spring/Summer 2008 issue of
The Concrete Difference magazine, the voice of the
Pennsylvania Aggregates and Concrete Association
(PACA) and its Pennsylvania Concrete Promotion Council
(PCPC). This latest issue is focused on the environmental
efforts of the concrete industry in the Commonwealth to
ensure that our children and our children’s children enjoy
the many splendors that our state has to offer. We hope
that you will gain a better understanding of our industry’s
efforts to be a better and more committed environmental
steward, and we welcome your feedback by contacting us
at (717) 234-2603.
Brian L. Mellott
PACA Chairman of the Board
The concrete industry in the Commonwealth is driven
to provide the best construction material available to our
customers, while investing ourselves in our communities
and our environment. Those members who proactively
search for and implement “best practices” in order to
meet the continued challenge of being stewards of our
land are a testament to our industry. The solutions are not
always simple, and sometimes it appears that change is
slow. We promise that we will continue to push forward,
because even the smallest steps that we take for a better
environment are far better than the paralysis driven by
the search for the perfect solution.
Eric Nicholson
PCPC Board Chairman
Advertising Sales
Bill Biber, Angela Campbell,
Krys D’Antonio, Bert Eastman,
Tracy Goltsman, Ryan Griffin,
Pat Johnston, Cheryll Oland,
Christine Ricci, Chris Zabel
Marketing
Zack Swick
Naylor, LLC
5950 Northwest 1st Place
Gainesville, Florida 32607
phone (352) 332-1252
(800) 369-6220
fax (352) 331-3525
www.naylor.com
Layout & Design
Lexie Smart
Advertising Art
Reanne Dawson
Count on Concrete
Published June 2008 pcp-b0108/6860
The Concrete Difference • SPRING/SUMMER 2008
5
Continual
Environmental
Improvement:
6
The Concrete Difference • SPRING/SUMMER 2008
nrmCA’s
green‑star
Certification
program
by Douglas e. ruhlin
resource Management Associates
W
e’ve all heard
a lot lately
about
the
green building movement, sustainable
development and LEED.
These programs are exciting
and will provide great new
opportunities for the concrete
industry to participate in the
environmental movement. But will these
opportunities be available to all? Will
those concrete producers with a proven
program of environmental performance
have a competitive edge over those with
a poor environmental record?
The answer may come from the
National Ready Mixed Concrete
Association’s (NRMCA) new Green-Star
certification program. The Green-Star
program is based on the development
and implementation of an environmental
management system (EMS) at a specific
concrete plant which, after completion
of one cycle of the EMS and certain
other criteria, would then be capable
of becoming Green-Star certified. The
goal of this certification is to provide
a means not only to assist in the environmental improvement of the industry,
but also to identify those in the industry
best-suited to participate in tomorrow’s
environmentally driven construction industry. It should provide an advantage
to those with a program for continual
environmental improvement.
Today, many in the construction industry are looking to “build green” in
The Concrete Difference • SPRING/SUMMER 2008
accordance with sound
environmental principles.
For many, this means that
all aspects of the construction process, including the
provision of construction
materials from suppliers,
must be performed with
as little impact on the environment as possible and with an eye
on sustainable development. As part of
this, these developers and contractors
will be looking to concrete producers
who share these same objectives. That’s
where Green-Star comes in – it will
provide a means to identify those in the
concrete industry who are committed to
continual environmental performance,
minimal environmental impact and
sustainability.
In order to become Green-Star certified, a concrete plant is required to
use an EMS as a tool toward continual
environmental improvement, pollution
prevention and regulatory compliance.
NRMCA’s Environmental Task Group
has created a listing of criteria required
to be included in the EMS and implemented at the concrete plant, including:
• Anenvironmentalpolicystatement
• A program for continual improve‑
ment, including the identification
of key (and industry-specific) environmental impacts that might occur
at a typical concrete plant (such as
stormwater and process water generation), a means to document current
7
When these groups
recognize the
benefits to them
of working with
Green‑Star‑certified
concrete plants that
share their common
goals and vision, then
Green‑Star certification
will become a common
requirement for
concrete suppliers.
•
•
•
•
8
impact levels and the identification
of measurable goals to be used as
benchmarks toward the reduction of
these impacts
A self‑evaluation program to assess
regulatory compliance and operational status level, such as a corporate
auditing or self‑inspection program
An environmental training program
for key employees, with an emphasis
on NRMCA training courses, as well
as appropriate environmental training for all employees
Demonstration of corporate commitment, including sufficient staffing
and resources to implement and support the EMS
A public outreach program, suitable in scope to the concrete plant
facility. For example, this could be
a corporate newsletter, Web site
or participation in neighborhood
groups. The Green‑Star requirements for an EMS are built on the
classic “Plan‑Do‑Check‑Act” model
of EMS development, which forms
the basis for other forms of EMS
development (e.g., ISO, USEPA
Performance Track). In order to
achieve Green‑Star certification,
the EMS must have been developed
and implemented for at least one
cycle, which can be as short as three
months in duration (although longer
time frames may be preferable).
It is worth noting that there are few
concrete plants today that don’t have at
least some of the key required components in operation. For many, Green‑Star
will merely require documenting existing environmental activities, perhaps
with the addition of one or two new
aspects of environmental management.
For these plants, Green‑Star certification
may be a relatively easy, straightforward
process. For other plants, it may require
the development of new environmental
procedures and a new way of looking
at their environmental programs. Given
that the results will include an enhanced
level of environmental performance,
this will be a very beneficial exercise
regardless of the scope required.
Individual concrete plants will be
Green‑Star certified, not companies or
individuals. In this way, the Green‑Star
program, touting environmental performance, is similar to NRMCA’s longtime
and highly regarded Plant Certification, which specifies plant operational
capabilities.
Who will grant a facility Green‑Star
status? NRMCA’s program includes
a process for approving NRMCA
Green‑Star‑accredited auditors based on
a combination of relevant environmental training (NRMCA’s Environmental
Course) and work experience. Accredited auditors could be either internal (i.e.,
an employee of the concrete company)
or external. The rigorous requirements
for Green‑Star auditor accreditation
will ensure that this program meets the
test of third‑party scrutiny.
It is Green‑Star’s ability to withstand
third‑party scrutiny with respect to the
EMS process itself as well as the certification process (via accredited auditors)
that gives it the standing it deserves.
This is not a simplistic “fill in the blank”
type of certification, but one rooted in
sound environmental principles and rigorous standardized requirements. The
program has been designed to pass the
test of outside scrutiny, and preliminary
discussions with outside agencies have
been very encouraging.
It will be NRMCA’s goal to get the
Green‑Star certification recognized by
the major developers and contractors
in the construction industry and ultimately to make it a requirement for
participation in environmentally positive construction projects. Furthermore,
recognition of the Green‑Star program
by federal and state environmental regulatory agencies is also on the horizon,
with initial discussions with the U.S.
Environmental Protection Agency being very favorable. When these groups
recognize the benefits to them of working with Green‑Star‑certified concrete
plants that share their common goals
and vision, then Green‑Star certification
will become a common requirement for
concrete suppliers.
There are many benefits to the implementation of an EMS at a concrete plant:
enhanced compliance level, reduced air
and water emissions, lower costs and
environmental fees and a more structured environmental program, to name
just a few. These benefits are now well
recognized. But the new benefit of being
a “Green‑Star” in the concrete industry
and the competitive edge it will provide
in today’s (and tomorrow’s) green building movement is really what sets this
program apart. Everyone in the concrete
industry should consider the benefits
of this opportunity and of becoming a
Green‑Star today.
n
For more information, contact Doug
Ruhlin at Resource Management Asso‑
ciates, PO Box 512, Forked River, N.J.,
0873, or visit www.resourcemanage‑
mentassoc.com.
“Continual Environmental Improvement: NRMCA’s Green‑Star
Certification Program,” by Doug
Ruhlin, is reprinted here with the
permission of the National Ready
Mixed Concrete Association. This ar‑
ticle originally appeared in Concrete
InFocus, Winter 2008. Additional
reprinting or representation of this
article is not allowed without ex‑
press permission from the publisher.
If you would like additional informa‑
tion on the Green‑Star program from
NRMCA, contact Gary Mullings at
(240) 485‑1161 or gmullings@nrmca.
org. The Pennsylvania Aggregates and
Concrete Association is a state affiliate
of the National Ready Mixed Concrete
Association.
The Concrete Difference • Spring/Summer 2008
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Concrete Difference • SPRING/SUMMER
2008
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The Concrete Difference • Spring/Summer
11/23/06 8:30:54 2008
AM
Going Green:
Pennsylvania’s
Ready Mixed Plants
Transform Operations to
Benefit the Environment
by Mary Lou Jay
G
reen isn’t a color usually associated with concrete, but
a growing awareness of the
need for environmentally
friendly operations has encouraged
many Pennsylvania ready mixed concrete companies to make changes to
their operating procedures.
J. J. Kennedy Inc. in western Pennsylvania, for example, has made a
commitment to concrete reclamation.
“We’ve been using reclaimers for
about seven years now,” says John
Rader, vice president of operations.
“We bring our leftovers back and we
get back 100 percent of our coarse aggregate and about 96 percent of our fine
aggregate. There’s no waste other than
fine cement at that point.” Although the
reclaimers are a big initial expense—
about $200,000 for each unit—the
company does earn its money back in
three to five years.
The Concrete Difference • SPRING/SUMMER 2008
The reclaimers at J.J. Kennedy’s Clarion facility separate the aggregate and water from the wash
water of concrete trucks.
11
Returned concrete is used rather than discarded. These large retaining wall blocks are an example.
They also use settling basins to collect water runoff and water used in the
reclamation process. The water from
the last basin in the series is reused to
rinse and clean the aggregate. “The
goal is to have zero discharge off the
property,” says Rader.
To reduce dust, J. J. Kennedy washes
trucks daily and keeps dust collectors running on site as much as possible. It’s also
working toward paving all their sites.
“At each plant location we try to
keep as much grass and shrubbery
around as possible to give it a green
appearance,” Rader adds. “We keep
everything as clean and tidy as possible on a daily basis. We have people
walking around removing dust, dirt or
anything else tracked on the roads.”
Environmental Awareness
Off Site and On
Berks Products Corp. has been a
family‑owned business in southeast
Pennsylvania for more than 100 years.
“When the current generation took
over, they started to focus more on the
environmental aspects of the industry,”
says Bill Round, the company’s safety/
environmental manager. “They wanted
to minimize the company’s impact on
the environment, and they began to
recognize that this would become a
critical issue to the industry.”
The company’s largest plant in
12
Ontelaunee was designed with specific
areas for truck washout and cleaning,
Round says. “The facility was designed
to provide a buffer space from nearby
businesses and neighbors. We have a
lengthy access road to minimize the
impact of carryout and have planted
evergreen trees for screening.”
Berks Products doesn’t have a reclaimer, but uses returned concrete
for landscaping blocks, pavers and
pads. Dust control is managed primarily with dust collection systems at the
plants, sweeping equipment for cleaning and water for dust suppression. The
company employs curbing, grading and
some concrete basin systems to collect
process water, which it reuses to clean
its trucks.
“Stormwater is controlled by being
careful with grades, directing stormwater where we want it to flow to basins in
different locations on the property and
inspecting and maintaining controls,”
Round continues.
Berks Products has updated its
SPCC (spill prevention countermeasure and control) plan. “Although this
is something that’s required—it’s a
regulatory issue—your adherence to
the plan is what it’s really all about,”
Rounds says. It conducts monthly and
yearly audits of its environmental and
operating practices, customized to
each location.
…studies have linked
good housekeeping
and aesthetics at
a plant to a more
efficient operation.
In addition, a neat,
clean plant makes a
good impression on
regulators and on
representatives of
insurance companies,
which are scrutinizing
plants’ environmental
practices more closely
than ever.
The Concrete Difference • Spring/Summer 2008
“We also face challenges on job
sites, from washing down trucks to
carrying out mud and other materials onto roadways,” Round continues.
“While it’s not our role to educate
contractors on their own erosion and
sediment plans, we encourage them
to provide us with a designated location where we can wash down and
wash out trucks. We’re seeing more
contractors using portable washout
containers to be more environmentally friendly.
“Although it is the contractor’s site,
it is the producer’s truck that draws
the public’s attention. Neither the contractor nor the producer wants to be
involved in negatively impacting the
environment,” he adds.
Berks Products continually educates employees about the importance
of environmental responsibility.
“We try to cover environmental
topics as part of our regular meetings
with employees throughout the year,”
says Round. “You have to show your
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The Concrete Difference • Spring/Summer 2008
drivers and plant managers and batch
people that the company is committed
to it. We talk almost daily about some
type of environmental issue.” If there
is a problem, employees know that the
company will follow up and require
accountability.
“We also have regular discussions
with our drivers about job site issues to
let them know there’s a mechanism in
place so that they get assistance from a
supervisor or a manager if they’re not
comfortable with a situation. We don’t
want them to do something that they
feel isn’t quite right. We want them to
understand the importance of knowing where process water should and
shouldn’t go,” Round continues.
Economic Benefits of Green
Environmentally responsible operating practices can be a competitive
advantage, Round says. “We’re finding
an increased number of contractors, especially on larger commercial projects,
who are asking about our performance
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The Concrete Difference • SPRING/SUMMER 2008
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on the environmental, safety and health
fronts,” says Round. “Everybody wants
to reduce their liability.”
Round points out that studies have
linked good housekeeping and aesthetics at a plant to a more efficient
operation. In addition, a neat, clean
plant makes a good impression on
regulators and on representatives of
insurance companies, which are scrutinizing plants’ environmental practices
more closely than ever.
To earn formal recognition of its
375799_Chambers.indd 1
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environmental efforts, Berks Products plans to participate in NRMCA’s
Green-Star program. “I’ve got a strong
commitment from our ownership to
eventually enroll our ready mixed
plants in the program,” he says. “We’re
not ready to do that yet, but we are ready
to start the process of meeting their
criteria.”
The company would like to see every concrete producer operate in an
environmentally responsible manner.
“Berks Products recognizes that it
takes a great deal of effort to operate
an environmentally sound operation,”
says Round. They believe regulators
must consistently enforce environmental requirements.
“We recognize that in the long term
the proactive approach to environmental issues is going to win out, and it’s
important that all producers are held to
the same standard.”
Proactive Approach Enlists
Outside Support
During its 50 years in business, Central Pa’s Centre Concrete Co. has always
had a common sense approach to the
environment, says President Eric Nicholson. “In the last five to 10 years, as our
company has become more interested in
environmental issues, we’ve been doing
what we can to be more proactive.
“The most important thing we’ve
done is hire an outside firm, Chambers
Environmental, to help us identify our
shortfalls,” he explains. Chambers Environmental is conducting audits of all
of Centre Concrete Co.’s five plants.
“One of our challenges has been the
dust collection equipment,” Nicholson
says. “So in 2007 we upgraded our dust
collectors on top of each of our plants
to take a higher CFM so that we can go
above and beyond when cement tankers
are blowing off or when we’re loading
trucks.” The new dust collectors have
made a visible difference both in the
amount of dust at the site and also in
4/21/08 4:50:11 PM
the maintenance of equipment.
Since 1921…
And the company has been more
proactive in its storm water plans, upPART OF THE
grading its infrastructure, designating
washout locations and adding holding
REGION’S
basins to clarify process water. It has
paved all of its manufacturing faciliFOUNDATION!
ties for dust and water runoff control.
It is recycling its leftover concrete
into one‑yard blocks that can be used
for retaining walls or clean fill. At its
Construction Materials Include:
State College location, the company
Crushed Stone
has cleaned up an old area that was
Blacktop
used to dump concrete, adding topsoil
Ready Mixed Concrete
and landscaping to make it more presentable. It’s also considering planting
Building Materials
trees at various locations to help with
Hot Mix Asphalt
dust control.
Retaining Wall Systems
Managers are walking around
Concrete Pavers
more frequently and checking the
4/8/08 8:47:21 AM
The Concrete Difference • Spring/Summer 2008
Join NRMCA and your state ready mixed
concrete association and save over and over and
NRMCA works closely with state ready mixed concrete associations to promote
concrete use, maintain and enhance professionalism, and look after the industry’s
interests in government. When enough producers in your state association’s area are
members of both organizations, those members can enjoy significant savings when taking
advantage of NRMCA STEPS®, the important and respected Seminar Training and Educational
Programs that NRMCA offers for the industry’s operations, technical and business staff.
Save $100 to $400 on most NRMCA’s courses and workshops...enough to usually recoup your
membership investments. And, as the common membership in both organizations goes up, so do
the savings. Join today and you’ll support the organizations that support the industry….and you’ll
help make sure that you pay as little as possible for NRMCA professional development opportunities.
Join both today. Contact Kathleen
Carr-Smith 888-846-7622, x1145 or
[email protected].
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The Concrete1Difference
321786_Mixer.indd
Mixer Systems, Inc.
• SPRING/SUMMER 2008
www.4windsconcrete.com
Owned & Operated By: Sherri & Frank Casilio
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PM
348034_FourWinds.indd
1
17 AM
9/25/07 11:32:58
One of three dust collectors
utilized at Centre Concrete’s
State College facility.
company’s sites for environmental
issues, Nicholson says. They’ve also
emphasized to drivers the importance
of proper discharge of water.
“We’ve updated our SPCC plans, with
the outside company’s environmental engineers outlining what we should do in
case we have a leak in a tank or other
problem on the site,” says Nicholson.
Centre Concrete’s experience shows
that even small companies can make a
18 305135_Austin.indd
1
big difference in their environmental
practices. “We were willing to pay for
the expertise of an outside firm,” says
Nicholson. PACA has also helped by
providing Nicholson and his company
the opportunity to form relationships
with larger companies. “They have been
addressing these issues for years, and
can give us some insights into how we
can do a better job,” says Nicholson.
Centre Concrete also plans to
participate in the NRMCA’s Green-Star
program. “That is a goal of ours,” Nicholson says. “Our plants are PennDOT
and NRMCA certified as production
facilities, and we want to hold the same
high standards for our environmental
compliance.”
It’s simply a matter of doing what’s
right, he adds. “We have a responsibility to the community and to the
environment.”
n
The Concrete Difference • Spring/Summer
11/3/06 11:20:162008
AM
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The Concrete Difference
349721_Carnie.indd
1
• SPRING/SUMMER 2008
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PM
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4/10/08 12:01:49
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Page 1
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1
The Concrete Difference • Spring/Summer
9/14/07 2008
9:27:30 AM
Concrete
Suggestions:
Using a Government
Inspection Checklist
by Joel R. Burcat, Esq.
C
ommercial airline pilots take off and land eight or
10 times a day. Every time they prepare for flight
they go through a checklist to ensure that the aircraft is in proper order. They prepare for take off
about 2,500 times every year – with a checklist.
A general surgeon may perform the same routine operation 10 times in a week. Every time he or she performs the
surgery, the surgeon goes over a checklist of what is required
for the surgery. The surgeon may perform the same routine
surgery 500 times a year – with a checklist.
The mechanic who fixes your car has a checklist of things
that need to be done for specific routine inspections. They
may do these inspections 10 times a day. The dealer conducts
the same inspection of the same type of car more than 3,100
times a year – with a checklist.
DEP mine inspectors may conduct five or 10 inspections
a week. They bring along a checklist (i.e., inspection report)
which they fill out during or immediately after the inspection.
The inspector conducts between 200 and 400 inspections a
year – with a checklist.
The average concrete plant is inspected four times or less
a year. Do you use a checklist to make sure you have all of
the information necessary to defend your company or to provide an accurate report to your lawyer or management on the
inspection?
If airline pilots, surgeons, auto mechanics, DEP and
others all use checklists for routine matters that they may do
hundreds or thousands of times a year, why is industry not
adopting a similar practice for something that they may do
less than five times a year?
Consider some of the benefits of using a checklist:
• The inspector does this all the time, yet you participate in
inspections once every couple of months.
• You have valuable rights that you may be waiving if you
do not use a checklist or if you fail to obtain all of the information that is suggested.
• If the inspection is a criminal one, you may be waiving
very valuable Fourth, Fifth and Sixth Amendment rights
The Concrete Difference • SPRING/SUMMER 2008
by not recognizing that the inspection is a criminal inspection. If you have a checklist you can determine right away
if you need to ask the inspectors to leave and come back
with a search warrant, or if you should call your company’s lawyer.
• Much information is lost by not asking the right questions.
All of that information may be found in the right checklist.
• By using the checklist as a memo to your company’s lawyer, you have created an “Attorney‑Client Communication” that is privileged and confidential. Privileged information can be conveyed to your company’s lawyer using a
checklist.
• Once the inspection is over, many people lose business
cards or do not keep track of all of the people who participated in the inspection. If the checklist includes a sign‑in
sheet, you will have an accurate and permanent record of
everyone (both government and from your company) who
participated in the inspection.
• You may be nervous or may not know which questions to
ask. Having a checklist provides you with what you need
to know for the inspection.
• If nothing else, should you decide not to use a checklist,
you will still be able to review it and get an idea of what
you should be asking for, so that you can use that knowledge during inspections.
The checklist on page 22 is an example of one that you can
use immediately or that can be modified for your company’s
specific needs. We recommend that a checklist be prepared
for your company’s attorneys and that it be sent by you to
your company’s attorney. You can keep a copy of this attorney‑client communication for your records.
While some of the checklist contemplates the possibility
of a criminal investigation, the likelihood of a criminal
inspection occurring is small. The greatest likelihood
is that your plant will be inspected as part of a routine
administrative inspection. Nevertheless, you should not
hesitate to ask whether the inspection is an administrative
(i.e. civil) inspection or for enforcement of criminal laws.
If the inspector says the inspection is a part of a criminal
investigation, then you should ask for a search warrant and
immediately call your company’s attorney. You should not
hinder the inspection in any way, other than to request a
search warrant.
During the inspection, it is important to use common sense
so as not to needlessly aggravate the situation. For example, if
you know the inspector from previous inspections, you may
decide not to ask for all of the information. If the inspector
is conducting a routine inspection of your facility, it probably
is not necessary to take photographs or videos. If it is not
convenient to do the checklist during the inspection, then ask
for the information and write up the checklist immediately
after the inspection.
The following checklist was prepared for facilities located
in Pennsylvania; however, it is adaptable to other locations.
If it is being used outside of Pennsylvania, then some of the
terminology and legal principles may be different.
21
ATTORNEY CLIENT COMMUNICATION
PRIVILEGED AND CONFIDENTIAL
Concrete Plant
Government Inspection
Checklist
PREPARED FOR COUNSEL
Use this government inspection checklist in the event
that a government inspector visits your concrete plant
for an inspection. Your company has a right to all of the
items listed on this checklist. Do not be intimidated by
the inspection or the inspector. If the inspector refuses to
comply with any request, note the specific item that was
refused and tell the inspector that you will get back to
him or his supervisor after the inspection to obtain the
requested item.
(Check off each box, fill in each line:)
1. Date of inspection: _______________________________
2. Time first inspector arrived at facility:________________
a.m./p.m.
3. What to do when inspector(s) arrives:
3.1qHave all inspectors sign in (use sign‑in sheet).
Do not give the inspector the entire checklist—
ONLY a copy of the sign in sheet.
3.8q A
sk inspector to tell you the reason for the
inspection (check all that apply):
q Routine inspection
q Just checking permits and registration forms
q Collecting samples Samples of what?: qChecking company records or other documentation
Which records and documents?
q Follow‑up to document(s) submitted by your
company
Which documents?
q Response to complaint by citizen
Can they identify which citizen(s)? If so, who?
What is the nature of the complaint?:
q Response to referral from other government agency Which agency?
q Other:
3.2qObtain business cards from any and all inspectors.
3.3qAsk if the inspection is a civil or criminal
inspection.
3.4qIf a civil inspection, then the inspection may
continue.
3.5qIf a criminal investigation, tell the inspector to
leave and return with a search warrant (yes, you
are allowed to do this). If the inspector refuses
to leave, call your lawyer now! Do not touch or
hinder the inspector.
3.6qIf all the business cards indicate Department of
Environmental Protection (DEP) or Environmental
Protection Agency (EPA) and the inspector tells
you this is a civil or administrative inspection, then
the inspectors should be allowed to continue.
3.7qIf any business card says Office of Attorney
General or Department of Justice, then you may be
in the middle of a criminal investigation. Tell the
inspector to leave and return with a search warrant.
Call your lawyer now!
22
4. Request for records:
4.1 q Keep all records organized and in one place. The
inspector may ask to see certain records. The
inspector is entitled only to the following (check
the records given to inspector):
General:
q All permits
q Permit application materials
q Maps
Air:
q Air monitoring records
Plans:
q Emergency Planning and Community Right‑to‑Know Act records
q Government‑mandated plans (e.g. Spill Prevention,
Control and Countermeasure Plans;
Spill Prevention Response Plans)
Storage Tanks:
q Storage tank registration information
The Concrete Difference • Spring/Summer 2008
Wastes:
q Hazardous waste manifests
q Hazardous materials inventory records
q Solid waste records
Water:
q Discharge Monitoring (NPDES) Reports (called
“DMRs”)
Other Documents:
q Other documents requested (list): 4.2 q If the inspector wants to take records, offer to
provide copies. If copies of your records are not
available, then ask inspector for a receipt for each
document that he or she wishes to take.
5.5q Obtain video camera and tell inspector that you
intend to take a video of the inspection. (Use
discretion so as not to needlessly aggravate the
situation.)
5.6 q Follow inspector as he/she conducts the inspection
and take photographs and videos of the inspection.
(Use discretion so as not to needlessly aggravate
the situation.)
5.7 q Follow inspector and watch everything he or she
does, take note of every place he or she goes and
note the location of samples that the inspector
takes.
6. As inspection ends:
6.1 q Ask inspector for a copy of his inspection report
form.
6.2 q Ask inspector to send to you a copy of any
laboratory analyses of samples taken from your
property.
5. Sampling and inspection:
5.1 q A knowledgeable representative of the company
should accompany the inspector during the entire
inspection.
6.3 q Offer the inspector a photocopy of sign‑in sheet.
Keep original with this checklist.
5.2 q Advise inspector that you would like “split
samples” of any and all samples that the inspector
plans to take.
5.3 q Obtain split samples of all substances sampled by
the inspector.
Ask the inspector to identify to you the particular
analyses that will be performed on the samples
and write down the analyses. Mark the containers.
(Request that inspector give you containers;
however, you may have to provide inspector with
clean plastic containers to obtain “splits.” Spring
water bottles will do, if nothing else is available.
Following the inspection, store the samples
in refrigerator with lid secured and have your
consultant pick up the samples for analysis as
soon as possible.)
5.4 q Obtain camera and tell inspector that you intend to
take photographs of the inspection. (Use discretion
so as not to needlessly aggravate the situation.)
6.4 q Note time last inspector left facility: a.m./p.m.
7. After the inspector(s) leaves:
7.1 q Close, seal and mark sample containers and store
in refrigerator. Contact your consultant to obtain an
analysis.
7.2 q Note names of all company personnel present at
facility during the inspection
(check box if interviewed by inspector):
q
q
q
7.3 q When inspection is over, sit down and write a
letter to your lawyer describing all aspects of the
inspection. Enclose a copy of this form to your
lawyer.
8. Name of person who filled in this form:
INSPECTION SIGN‑IN SHEET
Date:______________________________ Time inspection began:_____________ Time inspection ended______________
Name
Title
Department and Bureau
Address
Phone
Mr. Burcat is a partner with Saul Ewing LLP in its Harrisburg, Pennsylvania office and is chair of the firm’s Environmental
Department. He can be reached at [email protected] or 717‑257‑7506. This article is for informational purposes only. Nothing
herein is intended or should be construed as legal advice or a legal opinion applicable to any particular set of facts or to any
individual’s or entity’s general or specific circumstances. The opinions expressed in this article are the author’s and should not be
attributed to any of the author’s or the firm’s clients. Copyright © Joel R. Burcat and Saul Ewing LLP 2008. All rights reserved. n
The Concrete Difference • SPRING/SUMMER 2008
23
Industry News
Pennsy Supply
Heads to Driving Range 
Pennsy puts fun twist on
serious issue of safety
A
s part of their commitment to safety, Pennsy Supply recently designed
and built a very unique “driving range” for their employees—18 “holes”
to help improve the safety of their 180 truck drivers. Set up with flags
just like a golf course, Pennsy drivers maneuver a variety of vehicles
through the course and are scored on how well they do.
Twelve of the 18 obstacles are based on backing the trucks up. “The majority
of construction vehicle accidents occur while backing up,” said Ken Stambaugh,
transportation manager for Pennsy Supply. “We encourage our drivers to use a
GOAL approach—Get Out And Look. No matter how long you’ve been driving, it
doesn’t hurt to check your work.”
“Pennsy Supply is serious about our people being our number one priority, and
this course reinforces that. We expect our drivers to practice safe driving behaviors
around the job site and to encourage each other to do so as well,” said Stambaugh.
He points out that some of their toughest jobs involve backing up long, narrow,
winding paths to cell phone towers, so they’ve included this obstacle on the course.
“If a new driver feels he cannot maneuver the truck safely up the path, we have him
call in to the office and we’ll send someone out to spot him. Passing experience on
to new drivers is crucial to maintaining a safe crew.”
The course took approximately 200 man hours to construct, and Mike Holley,
assistant driver supervisor for Pennsy Supply, was the construction manager for
the project. The course will be used by the truck drivers of Pennsy Supply and
McMinn’s Inc., another Pennsy company, based in Lancaster.
Based in Harrisburg, Pa., Pennsy Supply is one of southcentral Pennsylvania’s
leading suppliers of aggregate, concrete and asphalt.  The company is part of the
Mid‑Atlantic Group of Oldcastle Materials, Inc., which includes Slusser Brothers
in West Hazleton, Pa., McMinn’s Asphalt in Lancaster, Pa., Tilcon‑Delaware in
Dover, Del. and Pioneer Concrete in Wilmington, Del. Serving the region for more
than 80 years, Pennsy operates nine quarries producing crushed stone, sand and
high‑calcium limestone, six asphalt plants and six concrete plants. With more than
500 employees, the company has earned local, regional and national recognition
for its community efforts.
24
Pennsy Supply created a “driving range” to
promote safe driving.
The Concrete Difference • Spring/Summer 2008
Bill Holz
Manufacturer’s Rep
Test Mark, Humbolt, Gilson
P.O. Box 14624 Reading, PA 19612-4624
1104 Park Road Blandon, PA 19510
Phone: 610.926.8900 • Fax: 610.916.5874
HOLZ EQUIPMENT SALES
Testing Equipment Sales & Service
Tel.: (800) 752-3911
Fax: (724) 752-1277
www.holzequipmentsales.com
Industrial Machinery Installations & Repairs
Asphalt/Concrete Plant Specialist • Field Fabrication • Welding
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BADGER METER
Quarry and Plant Operators’ source for superior environmental solutions,
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The Concrete
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Difference • SPRING/SUMMER 2008
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4/15/08 6:37:19 PM
CRUSHED STONE
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Phone: (610) 265-1510
Fax::
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Fax: (717) 626-6611
Phone: (717) 626-9760
25
Did You Know?
The Pennsylvania Aggregates
and Concrete Association and the
Pennsylvania Concrete Promotion
Council can provide you and your
employees with industry training and
certification opportunities through the
following programs:
Highway Equipment Company is excited to announce we are now an
official Terex Roadbuilding dealer, offering you superior concrete plants
and pavers, asphalt pavers, milling machines and reclaimer/stabilizers
to meet your business needs. We’re proud to partner with Terex
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Please contact us for more information.
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814.476.7755
©2008 Terex Corporation. All rights reserved. Terex® is a registered trademark
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11/3/06
12:29 PM
If you are interested in any of these
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717-234-2603.
n
Page 1
379916_Highway.indd 1
∙ACI Field Testing Technician - Grade I
∙ACI Flat Concrete Flatwork Finisher/Technician
∙NRMCA Pervious Concrete Contractor Certification
Our association is also a registered provider of AIA
Continuing Education units. Our current list of
presentations includes:
∙Introduction to LEED - Integrating Concrete Into LEED
Projects (1 CES)
∙Pervious Concrete Pavements – The Answer for Storm
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∙The Concrete Advantage in Parking Lots (1 CES)
∙Flowable Fill: The Controllable Backfill (1 CES)
∙Roller Compacted Concrete Pavements (1 CES)
∙Going Green With Insulated Concrete Forms (1 CES)
∙Zero Defects Concrete (1 CES)
∙Tilt-up Concrete Construction (1 CES)
4/24/08 9:00:04 PM
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26
800.635.6729
www.theamconveyors.com
345410_Westcon.indd 1
The Concrete Difference • Spring/Summer
2008 PM
8/28/07 11:57:12
Industry News
PACA Recognizes Conewago’s
Don Smith, Jr. and Residential,
Commercial Projects of the Year
Each
year,
the
Pennsylvania
Aggregates and Concrete Association
(PACA) holds their annual meeting
in Hershey, Pa., and this year’s event
marked the 25th anniversary of the organization’s existence. During the annual
meeting luncheon, The Pennsylvania
Concrete Promotion Council, a PACA
committee, honored members for their
promotional efforts and innovative use
of concrete in residential and commercial applications.
Soto Construction’s Windom Hill Place
The Residential Project of
the Year was awarded to Sota
Construction for Windom Hill
Place, a townhome development
constructed on the “Southside
Slopes” of Pittsburgh. The project took advantage of the energy
efficiency, fire rating (3 hours)
and sound transmission characteristics of Insulating Concrete
Forms (ICFs). The 500+ yards of
concrete used during the construction of the project was supplied by
Frank Bryan Inc.
The Concrete Difference • SPRING/SUMMER 2008
27
RAHNS
R e s t o r e & B e a u t i f y Yo u r To w n
Hunterdon County Park - Flemington, NJ
CONCRETE
READY MIX & PRECAST
Main Office
430 Rahns Rd.
Rahns, PA 19426-1897
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Saturday Morning Deliveries
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Portable Plants Available
1-800-CONCRETE
Rahns ..................................... 610-489-2646
Coopersburg .......................... 610-282-2300
Easton .................................... 610-250-9277
Chalfont ................................. 215-712-9516
Pottstown............................... 610-369-0909
S Reading .............................. 610-373-0933
Virginville ................................ 610-562-8273
Bethlehem .............................. 610-694-9255
NJ DOT - Collingswood, NJ
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4/22/08
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Page 1
1
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www.kelken.com
Ludell Manufacturing
5200 W. State St.
Milwaukee, WI 53208
Phone: (800) 558-0800
Fax: (414) 476-9864
E-mail: [email protected]
Web: www.elliscorp.com
Ludell’s Direct Contact Water Heater can
produce 180° F. water instantaneously at
efficiencies greater than 99%..
The Concrete Difference • Spring/Summer 2008
Pag
Industry News
North Star Construction Office Building project,
by Schlouch Incorporated
The Commercial Project of the Year was awarded to
Schlouch Incorporated for the North Star Construction
Office Building in Bethlehem, PA. This unique tilt-up construction project was aided by the use of Self Consolidated
Concrete (SCC). The concrete mix design was a team
effort between the ready mixed concrete supplier, Four
Winds Inc. and the admixture supplier, Admixtures, Inc.
The special design allowed the project, already facing a
tight schedule, to be completed on time despite extremely cold weather conditions.
The highlight of the ceremony was the presentation of the
Hank Bauer Award. It is presented annually to a person in
the ready mixed concrete industry who has made a significant contribution toward promoting the use of concrete. This
year’s winner was Don Smith, Jr. of Conewago Enterprises,
Hanover, PA.
Smith, president and part owner of the company, was recognized for his efforts to develop pervious and roller-compacted concrete through their ready mixed concrete company, which opened in 2002. Pervious concrete continues to
gain recognition as a method of controlling stormwater runoff by allowing it to percolate into the soil below. To date,
Conewago has placed more than 25,000 cubic yards of the
material. Conewago Enterprises also manufactures hollowcore and architectural precast concrete products.
Smith addressed the audience briefly, stating that he enjoys finding new ways to use concrete. He said that many
times his experimentation fails, but he continues to try to
make concrete products work in situations where the first atThe Concrete Difference • SPRING/SUMMER 2008
PACA Director
of Concrete
Promotion Ken
Crank presents the
Hank Bauer Award
to Don Smith, Jr.
tempt may not always prove successful. “Step up to the plate
and try it a second or third time,” he said. “It will work out.”
Conewago Enterprises, Inc. is a multifaceted construction
company offering both Design-Build and general construction services in the commercial, industrial and municipal
markets working primarily in the Mid-Atlantic area, including Pennsylvania, Maryland and Virginia.
n
29
INDEX OF ADVERTISERS
ADMIXTURES
BASF Admixtures.....................................................19
CONCRETE FOUNDATION CONTRACTORS
Reed Concrete Work LLC..........................................28
LINERS
Shumaker Industries..................................................19
AGGREGATE HEATING EQUIPMENT
Mixer Systems, Inc...................................................17
CONCRETE PAVING EQUIPMENT
Highway Equipment Co.............................................26
METERING CONCRETE ADMIXTURES
Industrial Pump & Equipment Corp. ............................25
AGGREGATES
Dyer Quarry, Inc.......................................................25
Rohrer’s Quarry, Inc. ................................................25
Silvi Group Companies..............................................28
CONSULTANTS
Chambers Environmental Group..................................16
EarthRes Group, Inc. ................................................25
RT Environmental Services, Inc...................................25
MIXER DRUMS
Shumaker Industries..................................................19
ANCHORING SYSTEMS
Kelken Construction Systems.....................................28
CONVEYORS
Mixer Systems, Inc. .................................................17
MIXERS & ACCESSORIES
Mixer Systems, Inc...................................................17
Shumaker Industries..................................................19
Terex Roadbuilding...................................................13
ANCHORS
Kelken Construction Systems.....................................28
CONVEYORS & ACCESSORIES
Westcon MFG, Inc. THEAM conveyors.........................26
NRMCA
National Ready Mix Concrete Association.....................17
BATCH PLANTS
Mixer Systems, Inc. .................................................17
CRACK REPAIR MATERIALS
The Express Polymers...............................................25
PLANT MAINTENANCE & SET-UP
R & C Heavy Mechanical LLC.....................................25
Shumaker Industries..................................................19
BLADES, MIXERS
Mixer Systems, Inc. .................................................17
Shumaker Industries..................................................19
DEMOLITION MATERIALS & EQUIPMENT
Giles & Ransome, Inc./Ransome CAT............................4
CEMENT
Buzzi Unicem USA....................................................20
Essroc Cement.........................................................15
Excell Cement Technologies.......................................20
Holcim....................................................................10
Keystone Cement Co. ..............................................30
Lafarge, Inc. ................................... Outside Back Cover
Lehigh...............................................Inside Back Cover
EARTHMOVING EQUIPMENT
Giles & Ransome, Inc./Ransome CAT............................4
ENGINE SERVICE
Giles & Ransome, Inc./Ransome CAT............................4
FINANCIAL SERVICES
McColl Partners, LLC...........................Inside Front Cover
COMPRESSORS
Giles & Ransome, Inc./Ransome CAT............................4
FUELING & LUBRICANTS
Taylor Oil Co., Inc. ...................................................14
CONCRETE & MORTAR
Berks Products.........................................................20
GENERATORS
Giles & Ransome, Inc./Ransome CAT............................4
PRECAST/PRESTRESSED CONCRETE PRODUCTS
& EQUIPMENT
Conewago Enterprises, Inc. .......................................10
READY MIX
Austin Concrete........................................................18
Cemex USA...............................................................3
Four Winds Concrete, Inc..........................................17
J.D.M. Materials Co..................................................26
READY MIX & PRECAST PRODUCERS
Rahns Construction Materials Co. ...............................28
READY MIX PLANTS
Mixer Systems, Inc. .................................................17
Pennsy Supply, Inc. .................................................16
REBAR CAPING
Carnie Cap, Inc. ......................................................19
ROLLERS
Giles & Ransome, Inc./Ransome CAT............................4
SCALES
Co-Op Industries, Inc. ................................................9
A Tradition of Excellence…
Manufacturing Quality Cements Since 1928
PLANT
Route 512
P.O. Box A
Bath, PA 18014
Ph.: (610) 837-1881
Fax: (610) 837-2267
SILOS
Mixer Systems, Inc. .................................................17
SALES OFFICE
Suite 230
557 West Uwchian Avenue
Exton, PA 19341
Ph.: (610) 903-0382
Fax: (610) 903-0388
STAMPED CONCRETE
Architectural Concrete Design ....................................28
TESTING EQUIPMENT & MATERIALS
Holz Equipment Sales ...............................................25
TRANSPORTATION
F.T. Silfies ................................................................9
WATER HEATING SYSTEMS
Ludell Manufacturing ................................................28
WEIGHING SYSTEMS
Co-Op Industries, Inc. ................................................9
318251_Keystone.indd
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30
4/26/07 8:50:26 PM
The Concrete Difference • Spring/Summer 2008
Focusing on durability and versatility,
Lehigh is a leading North American producer
of gray, white and color cements, aggregates
and other construction materials.
As part of the HeidelbergCement Group, with operations in 50 countries,
Lehigh can draw upon a worldwide network of expertise and experience.
We have served the industry with unsurpassed quality and attention to
customer needs since 1897. In the 21st century, Lehigh is continuously
improving and expanding its product line to meet the demands of a
discriminating and sophisticated construction market.
Lehigh’s sales offices, manufacturing facilities and distribution terminals are
poised to respond in strategic locations throughout the U.S. and Canada. In
Pennsylvania, Lehigh operates a cement manufacturing plant in Evansville,
a distribution terminal near Pittsburgh and a color blending facility in Hamburg.
Lehigh Cement Company
Customer Service
1 800 462-9071
Evansville, PA
one of 12 Lehigh cement plants in North America
www.lehighcement.com
an equal opportunity employer, m/f/d/v
212091_lafarge_ad.qxd
4/20/05
10:42 AM
Page 1
Green Means
COMMITMENT
To technical leadership. With the industry’s largest network of concrete testing and research
labs, our expertise is focused on the future of our industry and the future of your business.
To market innovation. Through our innovative and performance oriented cements
and recycled materials technology, we’re focused on addressing the needs of both our
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To serve your needs. Our success has always come from being close to our customers.
And with 20 plants, five grinding facilities, and more than 80 terminals, we deliver.
To learn more about the complete line of Lafarge cements, contact your Lafarge
representative or visit us at www.lafargenorthamerica.com.
©2004 Lafarge North America Inc.
PORTLAND CEMENT SLAG CEMENT BLENDED CEMENTS MASONRY & MORTAR CEMENTS FLY ASH SPECIALTY CEMENT