) SS: OF ENVIRONMENTAL MANAGEMENT
COMMISSIONER
OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) Case No. 2003-13450-A
)
SAINT-GOBAIN CONTAINERS,
INC. )
)
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. 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, except a proceeding to enforce this order.
I. FINDINGS OF FACT
1. Complainant is the Commissioner (“Complainant”) of the Indiana
Department of Environmental Management, a department of the State of
2. Respondent is Saint-Gobain Containers, Inc., (“Respondent”),
which operates a glass container manufacturing plant located at
3. The
4. Pursuant to IC 13-30-3-3, on
Bruce Cowgill,
Saint-Gobain Containers, Inc. Saint-Gobain
Containers, Inc.
604
5. An
inspection, on
a. Pursuant to 326 5-1-2(1)(A), visible emissions from a source
or facility located in an attainment area for particulate matter shall not
exceed an average of forty percent (40%) opacity in twenty-four (24)
consecutive readings.
As noted in the inspection, visible emissions from routine
maintenance at truss conveyor #1 exceeded the allowable opacity limit of 40%. Specifically, the average opacity during two
(2) six (6) minute periods, or for twenty-four (24) consecutive readings was
determined to be fifty-two percent (52%) and forty-eight percent (48%)
respectively, violations of 326 IAC
5-1-2(1)(A).
6. The Respondent installed a tarp and covered tub at the end of the discharge chute to minimize dust from the maintenance of the truss conveyor in the future.
7. 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.
Respondent shall comply with all applicable
requirements contained in 326 IAC
3. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Amy L.
Moreland, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
4. Respondent is assessed a civil penalty of Five Thousand Dollars ($5,000). 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 Case Number (2003-13450-A) of this action and shall be mailed to:
Cashier
Indiana Department of Environmental Management
6. In the event that the civil penalty required by Order paragraph 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.
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 Order Paragraph
numbers 4, 5, and 6 of this Agreed Order.
TECHNICAL RECOMMENDATION: Saint-Gobain Containers, Inc.
Department of Environmental Management
By: _________________________ By: _________________________
David P. McIver
Chief, [Section] 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
Date: _______________________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 20__.
For the Commissioner:
Signed
October 6, 2004
___________________________
Felicia A. Robinson
Deputy Commissioner
for Legal
Affairs