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ENVIRONMENTAL
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COMMISSIONER
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Complainant, |
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Case
No. 2004-13645-A |
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PARKER
HANNIFIN CORPORATION, |
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Respondent. |
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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
2.
Respondent is Parker Hannifin Corporation (ARespondent@), which owns and operates a stationary
filtration products manufacturing facility with federal ID No. 123-00015
located at Highway 66 in Tell City, Perry 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
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Mr.
Donald E. Washkewicz, President |
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Corporation, Registered Agent |
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Parker-Hannifin
Corporation |
for
Parker-Hannifin Corporation |
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36
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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 at
the time of this records review:
A.
Pursuant to 326 IAC
This source operated without submitting a timely and complete Part 70 permit
application in violation of 326 IAC
B.
Pursuant to 326 IAC
This source failed to submit a timely Part 70 application because the
application was received on
6.
Respondent submitted a Part 70 permit application on
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 the requirements set forth
in Part 70 permit No. F123-13918-00015 and all of its subsequent modifications
and amendments.
3.
All submittals required by this Agreed Order, unless
notified otherwise in writing, shall be sent to:
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Michael Stonik,
Enforcement Case Manager |
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Office of Enforcement |
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Indiana Department of Environmental Management |
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4.
Respondent is assessed a civil penalty of Thirteen Thousand
Two Hundred Dollars ($13,200.00). 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 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:
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Cashier |
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Indiana Department of Environmental Management |
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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.
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TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of
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Parker Hannifin
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David P. McIver |
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Chief, Air Section |
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Office of Enforcement |
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Date: |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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Department of
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Bingham McHale LLP |
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By: |
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By: |
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Jay Rodia |
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Office of Legal Counsel |
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Date: |
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Date: |
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APPROVED AND ADOPTED BY
THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
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For The Commissioner: |
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Signed on |
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Matthew T. Klein |
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Assistant Commissioner |
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of Compliance and
Enforcement |
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