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. 2002-12064-A
)
WABASH ALLOYS, LLC., )
)
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.
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 Wabash Alloys, LLC.("Respondent"), which owns and operates a shredder/crusher at its secondary aluminum smelting facility, located at 841 South County Road 550 West in Tipton, Indiana, Tipton 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 March 17, 2003, IDEM issued a Notice of Violation via Certified Mail to:
Mr. William Connell, President CT Corporation Systems, Registered Agent
Wabash Alloys, LLC for Wabash Alloys, LLC
One International Place 1 North Capitol Avenue
Fort Hill Square Indianapolis, IN
Boston, MA 02110 46204
5. A records review 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:
A. Pursuant to Federally Enforceable State Operating Permit (FESOP) number F159-5547-00008 issued on December 9, 1996, as amended (amendment number AAF159-9179) on December 17, 1997, condition C.11, for each unit for which parametric monitoring is required, appropriate corrective actions, as described in the Preventive Maintenance Plan, shall be taken when indicated by monitoring information.
Respondent failed to take corrective actions when the pressure drop readings were outside the range while operating the unit #4 during the time period between May 10 and July 24, 2002, violations of permit conditions D.2.5 and C.11.
6. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed 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. Respondent shall comply with all the terms and conditions of the FESOP and all its consecutive amendments and modifications.
3. 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
4. Respondent is assessed a civil penalty of Ten Thousand Three Hundred Twelve Dollars and Fifty Cents ($10,312.50). 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.
5. 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
6. In the event that the civil penalty required by Order paragraph 4 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.
7. 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.
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 until Respondent has complied with all terms and conditions of this Agreed Order.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management Wabash Alloys, LLC.
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 , 200__.
For the Commissioner:
Signed on August 6, 2003
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs