STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) CASE NOs. 2000-9457-A &
) 2000-10087-A
IMCO INDIANA PARTNERSHIP L.P., )
)
Respondent. )
AGREED ORDER
The Complainant and the Respondent desire to settle and compromise this action without hearing or adjudication of any issue of fact or law, and consent to the entry of the following Findings of Fact and Order.
I. FINDINGS OF FACT
1. Complainant is the Commissioner (hereinafter referred to as "Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.
2. Respondent is IMCO Indiana Partnership L.P. (hereinafter referred to as "Respondent"), which owns and operates an aluminum dross processing facility at 1005 4th Street in Bedford, Indiana.
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.
4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:
Dennis W. Ray, President Lexis Documents Service, Inc.,
IMCO Indiana Partnership L.P. Registered Agent for
5215 N. O'Connor Blvd. IMCO Indiana Partnership L.P.
Suite 490 55 Monument Circle
Irving, TX 75039 Suite 1424
Indianapolis, IN 46204
5. Pursuant to 326 IAC 2-8 and 6-3-2, no person shall operate any process so as to produce, cause, suffer or allow particulate matter to be emitted in excess of the listed amount.
6. On December 9, 1999, Respondent conducted a source test for particulate matter on furnaces C & D. The results of the source test revealed particulate matter emissions exceeding the limit allowed by 326 IAC 2-8 and 326 IAC 6-3-2.
7. On July 25, 2000, Respondent retested furnaces C & D for particulate matter emissions. The results of the second source test exceeded the particulate matter limits, thereby violating 326 IAC 6-3-2.
8. In February 2001, Respondent ceased operation of furnaces C & D at the Bedford, Indiana plant.
9. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.
II. ORDER
1. This Agreed Order shall be effective ("Effective Date") when it is approved by the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
2. Furnaces C & D at Respondent's Bedford, Indiana plant shall not commence operation until the furnaces test in compliance with the applicable particulate matter emission limits.
3. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
J. Brian Eaton, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
4. Respondent is assessed a civil penalty of Sixteen Thousand Dollars ($16,000). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date of this Agreed Order.
5. Civil penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Cause Number of this action and shall be mailed to:
Cashier
IDEM
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
6. In the event that the civil penalty required by paragraph three (3) is not paid within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.
7. This Agreed Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.
8. In the event that any terms of the Agreed Order are found to be invalid, the remaining terms shall remain in full force and effect and shall be construed and enforced as if the Agreed Order did not contain the invalid terms.
9. The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.
10. This Agreed Order shall remain in effect for two (2) years from the Effective Date of this Order.
TECHNICAL RECOMMENDATION: IMCO Indiana Partnership L.P.:
Department of Environmental Management
By: _________________________ By: _________________________
David P. McIver
Chief, Air Section
Office of Enforcement Printed: ______________________
Title: ________________________
Date: ________________________ Date: ________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: _________________________ By: ________________________
Office of Legal Counsel
Department of Environmental Management
Date: _______________________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 20___.
For the Commissioner:
Signed on 08/07/2001
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement