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. 2001-11356-A
)
MATTHEW WARREN, INC. SPRING & )
STAMPING OPERATIONS, )
)
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 (AComplainant@) of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.
2. Respondent is Matthew Warren, Inc., Spring & Stamping Operations (ARespondent@), /who owns/and operates the stationary steel spring manufacturing plant located at 500 East Ottawa, in Logansport, Cass County, Indiana (ASite@).
3. The Indiana Department of Environmental Management (AIDEM@) has jurisdiction over the parties and the subject matter of this action.
4. Pursuant to IC 13-30-3-3, on November 11, 2002 IDEM issued a Notice of Violation via Certified Mail to:
Daniel R. Sebastian, President
Matthew Warren, Inc., Spring & Stamping Operations
P. O. Box 7008
Logansport, Indiana 46947
Daniel R. Sebastian, Registered Agent
Matthew Warren, Inc., Spring & Stamping Operations
500 East Ottawa
Logansport, Indiana 46947
A. Pursuant to Federally Enforceable Operating Permit F017-7074-00022, Condition C.19, this source is required to submit a Quarterly Compliance Monitoring Report within thirty (30) days of the end of the reporting period. This facility failed to submit the Quarterly Compliance Monitoring Report for the fourth quarter of 2000 and the first, second, and third quarters of 2001 in a timely fashion, a violation of Federally Enforceable Operating Permit F017-7074-00022.
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.
4. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Melissa Farrington, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
6. In the event the terms and conditions of the following paragraphs are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amount:
Violation
PenaltyFailure to comply with Order paragraph One Hundred Dollars
three (3) ($100) per seven (7) day
period
7. Stipulated penalties shall be due and payable within thirty (30) days after Respondent receives written notice that the Complainant has determined a stipulated penalty is due. Assessment and payment of stipulated penalties shall not preclude the Complainant from seeking any additional relief against the Respondent for violation of the Agreed Order. In lieu of any of the stipulated penalties given above, the Complainant may seek any other remedies or sanctions available by virtue of Respondent’s violation of this Agreed Order or Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.
8. Civil and stipulated penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Case Number of this action and shall be mailed to:
Cashier
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
9. In the event that the civil penalty required by Order paragraph four (4) 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.
10. 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.
11. 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.
12. 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.
13. 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
By: _________________________ By: _________________________
David P. McIver
Chief, [Section] Chief, Air Section Printed: _John R. Hipskind_______
Office of Enforcement
Title: _VP and General Manager__
Date: _signed 4/23/03____________ Date: _signed 5/9/03_______
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: _Jay Rodia_________________ By: ________________________
Office of Legal Counsel
Date: _signed 4/29/03____________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS __18__ DAY OF __May____, 2003.
For the Commissioner:
Signed 5/18/03______
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs