STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) Case No. 2001-10655-A
)
C&D TECHNOLOGIES, INC., )
)
Respondent. )
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. Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein. Respondent's entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding.
1. Complainant is the Commissioner ("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 C&D Technologies, Inc., which owns and operates an oxide mill at its custom industrial battery fabrication facility ("Respondent"), located at 200 West Main Street in Attica, Indiana, Fountain County ("Site").
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and the subject matter of this action.
4. Pursuant to IC 13-30-3-3, on October 22, 2001, IDEM issued a Notice of Violation via Certified Mail to:
Mr. Wade Roberts, Jr., President Corporation Service Company
C&D Technologies, Inc. Registered Agent for C&D Technologies
1400 Union Meeting Road 251 East Ohio Street, Suite 500
Blue Bell, PA 19422 Indianapolis, IN 46204
5. A records review of the stack test, performed on April 2, 2001, was conducted for the Site by a representative of IDEM's Office of Air Quality (OAQ). The following violations were in existence or observed at the time of this records review:
Pursuant to the federally enforceable state operating permit (FESOP) number F045-11285-00008, issued on May 26, 2000, condition D.1.1, the oxide mill shall not emit any gases that contain an excess of 0.010 lb of lead per ton of lead feed. During the stack test conducted on April 2, 2001, this facility failed the above limit. Average lead emissions from the facility were 0.019 lb of lead per ton of lead feed, a violation of the FESOP condition D1.1.
6. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.
7. On April 30, 2001, Respondent ceased all operations at the oxide mill, identified in section D.1(a) of the FESOP.
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. Respondent shall comply with all the provisions of the FESOP number F045-11285-00008 and all subsequent modifications and amendments.
3. Within sixty (60) days of the Effective Date of this Agreed Order, Respondent shall complete the removal of the oxide mill. Upon the completion, Respondent shall send a written verification to the Office of Enforcement.
5. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall submit a FESOP modification application to the OAQ's Permits Branch with a copy to the Office of Enforcement, containing a request to remove the oxide mill, identified in section D.1(a) of the FESOP.
6. Should Respondent decide to put the oxide mill back to operation, prior to commencing any construction activities, Respondent shall apply for and receive a construction permit pursuant to 326 IAC 2-5.1. Respondent shall submit the permit application to the OAQ's Permits Branch no later than the time frame specified in 326 IAC 2-1.1-8 before the proposed construction start up date.
7. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Mr. Michael Stonik, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
8. Respondent is assessed a civil penalty of Nine Thousand Dollars ($9,000.00). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date of this Agreed Order.
9. Civil penalty is 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
10. In the event that the civil penalty required by Order paragraph 8 of this Agreed Order, 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.
11. This Agreed Order shall apply to and be binding upon the Respondent, its successors 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.
12. 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.
13. 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.
14. This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management C&D Technologies, Inc.
By: By:
David P. McIver
Chief, Air Section Printed:
Office of Enforcement
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 , 2001.
For the Commissioner:
Signed on March 19, 2002
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs