A company running industrial rock-crushing equipment in a Maryland neighborhood skipped its legally required safety inspections for years, let dust-suppression systems go unchecked, hid its records from federal regulators, and then settled the whole thing for the price of a mid-range used car.
Investigation: Clean Air Act Violations
Filed: June 2, 2025 | U.S. EPA Region 3 | Hyattsville, Maryland
They Choked the Air. They Hid the Records. They Paid $57,742.
DCM Legacy, Inc. operated an industrial mineral processing plant next to a Maryland community and violated federal air quality law for years. Here is exactly what they did.
The Non-Financial Ledger: What Money Cannot Repay
The Neighborhood They Chose to Ignore
The facility sits at 3334 Kenilworth Avenue in Hyattsville, Maryland. Hyattsville is a dense, working-class suburb of Washington D.C., a community of renters, essential workers, and families who do not have the option of moving away from an industrial operation in their backyard. When a company installs crushers, screening operations, and belt conveyors next to neighborhoods like this, the law requires them to take specific, documented steps to keep particulate matter out of the air those neighbors breathe. DCM Legacy chose to skip those steps.
Particulate matter from nonmetallic mineral processing is not a minor nuisance. The EPA promulgated specific federal standards for this industry in 1985, revised them in 1997, and updated them again in 2009, precisely because the agency determined the industry “contributes significantly to air pollution which may reasonably be anticipated to endanger public health or welfare.” That is the EPA’s own language. The agency built an entire regulatory framework around this specific threat, and DCM Legacy operated inside that framework for years without following its most basic requirements.
The wet suppression systems at the center of this case are specifically designed to knock dust out of the air before it escapes the facility. They are not complicated: water sprays over the crushing and screening equipment to keep particulate matter from becoming airborne. The only maintenance obligation the law required was a monthly visual check to confirm the water was actually flowing to the spray nozzles, documented in a logbook. DCM Legacy failed to do even that, and failed to do it regularly, for years before the EPA’s first information request in August 2020.
The Rebranding That Buried the History
Here is the detail that deserves a spotlight. The company that ran this facility was not always called DCM Legacy, Inc. According to the consent agreement, the facility operated under the name D.C. Materials, Inc. from at least 1992 all the way through February 3, 2023. At some point after that date, D.C. Materials, Inc. changed its legally registered corporate name to DCM Legacy, Inc. The violations alleged in this agreement cover the period before that name change.
A corporate name change does not erase a compliance history. The EPA pursued the violations under the new name, and the consent agreement makes the binding obligations apply to “officers, directors, employees, contractors, successors, agents and assigns.” But for the community in Hyattsville, the rebranding is still worth noting: the company that ran this facility for over three decades and skipped its air quality checks did not disappear. It just got a new nameplate.
The EPA sent its first information request in August 2020. A second information request followed in December 2022. The company failed to make its inspection logbooks available to the EPA until after February 4, 2023. That means the agency had to ask twice over a span of more than two years, and the records still were not produced in response to the first request. The people breathing air near 3334 Kenilworth Avenue did not get to ask twice for clean air. They just got what the company decided to give them.
The Price of Accountability vs. The Price of the Violation
The settled penalty is $57,742 (roughly what it costs to feed a family of four for over 7 years, or about 14 months of median rent in the Washington D.C. metro area). The EPA calculated this figure based on the size of the business, the economic impact of the penalty, the company’s compliance history, the duration of the violations, the economic benefit the company gained from not complying, and the seriousness of the violation. That means the EPA specifically determined that DCM Legacy saved money by skipping the inspections and hiding the records. The penalty is supposed to wipe out that economic benefit plus add a punitive layer. Whether a five-figure settlement achieves that for a company that operated this facility since at least 1992 is a question the document does not answer.
Timeline: From First Violation to Final Order
Legal Receipts: The Documents Don’t Lie
The EPA Said the Industry Endangers You. DCM Legacy Kept Running Anyway.
“The Administrator of EPA determined that the Nonmetallic Mineral Processing industry contributes significantly to air pollution which may reasonably be anticipated to endanger public health or welfare.” Consent Agreement, Paragraph 15 — U.S. EPA vs. DCM Legacy, Inc., June 2, 2025
“Respondent failed, prior to November 25, 2020, to regularly perform monthly periodic inspections of wet suppression systems used to control emissions at affected facilities for which construction or modification commenced on or after April 22, 2008.” Consent Agreement, Paragraph 24 — Count I: Failure to Conduct Monthly Inspections
“Respondent failed, prior to February 4, 2023, to make copies of its logbook of monthly periodic inspections of wet suppression systems available to EPA upon request.” Consent Agreement, Paragraph 28 — Count II: Failure to Make Records Available
“The civil penalty is based upon the EPA’s consideration of a number of factors, including… the economic benefit of noncompliance, the seriousness of the violation and such other factors as justice may require.” Consent Agreement, Paragraph 31 — Civil Penalty Calculation Factors
“The EPA reserves the right to commence action against any person, including Respondent, in response to any condition which the EPA determines may present an imminent and substantial endangerment to the public health, public welfare, or the environment.” Consent Agreement, Paragraph 45 — Reservation of Rights
Societal Impact: The Real Costs Hidden in the Fine Print
Environmental Degradation: What Happens When the Sprays Stop Working
The wet suppression systems at this facility existed for one reason: to stop particulate matter from crushing and screening operations from entering the surrounding air. The NMPP NSPS standards, first enacted in 1985 and updated through 2009, specifically target equipment like the “crushers, grinding mills, screening operations, bucket elevators, belt conveyors, bagging operations, storage bins, and enclosed truck or railcar loading stations” operated at this plant. Each of those machines generates dust. When water suppression fails or goes uninspected, that dust does not stay on the property.
DCM Legacy installed new equipment on or after April 22, 2008. The monthly inspection requirement attached to that equipment from day one. The consent agreement establishes that the company failed to regularly perform those inspections prior to November 25, 2020. That is a minimum span of over 12 years during which nobody at the company was formally verifying that dust suppression systems were functioning. The environmental impact of that gap is not quantified in the document, but the regulatory framework itself was built to prevent exactly that kind of unchecked operation.
The location matters. 3334 Kenilworth Avenue, Hyattsville, Maryland sits in the Anacostia River corridor, a historically under-resourced area already bearing disproportionate environmental burdens. Particulate matter from industrial sources does not respect property lines. It settles on yards, enters ventilation systems, and deposits into waterways. The consent agreement does not order any environmental remediation. The penalty goes to the federal government. The neighborhood absorbs what it absorbed.
Public Health: The Science That Justified the Law
The EPA did not write the NMPP NSPS out of excessive caution. The agency used its authority under Section 111 of the Clean Air Act, which specifically applies to source categories that “cause, or contribute significantly to, air pollution which may reasonably be anticipated to endanger public welfare.” Particulate matter from nonmetallic mineral processing falls squarely into that category. Fine and coarse particles from crushing and screening operations are associated with respiratory disease, cardiovascular stress, and reduced lung function, particularly in children and the elderly.
The wet suppression inspection requirement exists because a suppression system that has failed silently is worse than no suppression system at all. It creates a false sense of compliance while the equipment continues to generate airborne particles. For the people living and working near Kenilworth Avenue, the gap between the EPA’s first information request in August 2020 and the records finally being produced after February 4, 2023 represents years during which regulators could not confirm whether the systems were functioning. That is not a paperwork problem. That is a public health gap.
Economic Inequality: Who Pays and Who Benefits
The consent agreement explicitly acknowledges that DCM Legacy gained an “economic benefit of noncompliance.” Skipping monthly inspections costs nothing in labor. Not maintaining logbooks costs nothing in materials. Delaying records production costs nothing until the EPA forces the issue. Every dollar the company did not spend on compliance was a dollar it kept. The penalty of $57,742 (roughly equivalent to 14 months of median rent in the D.C. metro area, or about 1.5 years of a full-time worker’s wages at Maryland’s minimum wage) is designed to claw back that economic benefit. Whether it fully does so for a company that has operated this site since at least 1992 is a calculation the document leaves to the reader’s judgment.
The community around this facility does not receive any portion of the penalty. The $57,742 goes to the U.S. Treasury. There is no mandated environmental remediation in the consent agreement. There is no community health monitoring. There is no requirement for DCM Legacy to communicate with residents about the violations or their duration. The people most directly affected by years of unchecked particulate emissions get zero financial relief. The federal government collects. The neighborhood continues.
The Math of Getting Caught: Penalty vs. Years of Operation
The Cost of a Life Metric: What $57,742 Actually Buys
The EPA’s penalty policy requires the fine to exceed the economic benefit the violator gained from noncompliance. That means the EPA explicitly calculated that DCM Legacy saved money by skipping inspections and withholding records. The $57,742 is supposed to take that savings back and add more. For a mineral processing operation that ran industrial crushing equipment at a commercial address in a suburban Maryland community for over three decades, a five-figure penalty is the floor, not the ceiling of accountability.
What Now? Who Is Watching and What You Can Do
Verified Names From the Source Document
- Richard Harris, President, DCM Legacy, Inc. — The named corporate president served via email at harrisr@gvsu.edu per the Certificate of Service.
- Michael D. Logan, Principal, Compliance Plus Services, Inc. — The named compliance consultant also received the final order at mlogancps@gmail.com.
Regulatory Bodies With Jurisdiction and Ongoing Authority
- U.S. EPA Region 3 (Philadelphia): Retained full reservation of rights to act if conditions present imminent and substantial endangerment to public health or the environment.
- U.S. EPA Enforcement and Compliance Assurance Division: Issued the consent agreement; monitors ongoing compliance with the Final Order.
- Maryland Department of the Environment (MDE): State-level authority over air quality permits and enforcement at Maryland facilities. This consent agreement does not affect state enforcement rights.
- U.S. Department of Justice: The EPA explicitly reserved the right to refer unpaid penalties to the Attorney General for civil action in federal court.
What You Can Actually Do Right Now
If you live near Kenilworth Avenue in Hyattsville, you have standing. File a complaint directly with U.S. EPA Region 3 at their public tipline. Contact the Maryland Department of the Environment to request air monitoring data for your neighborhood. Connect with local environmental justice organizations in Prince George’s County; groups like the Chesapeake Bay Foundation and Washington D.C.-area mutual aid networks have experience pressuring regulators to follow through on enforcement after consent agreements are signed. Show up to Prince George’s County Council meetings and name this facility by its address. Consent agreements are public record. Share this one.
The source document for this investigation is attached below.
I downloaded this consent agreement from the EPA’s website: https://yosemite.epa.gov/OA/RHC/EPAAdmin.nsf/Filings/5D7BA1E9D921AD2585258C9D006F0027/$File/DCM%20Legacy%20Inc_CAA%20CAFO_June%202%202028_Redacted.pdf
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