STATE OF INDIANA

COUNTY OF MARION

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SS:

BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

GENPAK, LLC,

Respondent.

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Case No. 2004-14270-A

 

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 (“Complainant”) of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.

 

2.                  Respondent Genpak, LLC (“Respondent”), which owns and operates a stationary polystyrene foam extrusion operation, with ID No. 143-00016 located at 845 South Elm Street, in Scottsburg, Scott County, Indiana (“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 January 6, 2006, IDEM issued a Notice of Violation via Certified Mail to:

 

Jim Riley, President

CT Corporation System, Registered Agent

Genpak, LLC

251 East Ohio Street

P.O. Box 727

Suite 1100

Glen Falls, NY 12801

Indianapolis, IN 46204

 

5.                  An inspection conducted on August 20, 2004, was conducted at 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 inspection:

 

a.                  Pursuant to condition D.1.5 of Title V Permit No. T143-11375-00016, when operating the recuperative thermal oxidizer, the thermal incinerator shall maintain a minimum operating temperature of 1400°F.

 

From May 24, 2004 through August 20, 2004, the respondent failed to maintain a minimum operating temperature of 1400°F during this 83 day time period, a violation of condition D.1.5 of Title V Permit No. T143-11375-00016.

 

b.                  On October 27, 2005, the source conducted a stack test to demonstrate compliance with condition D.1.5 of Title V Permit No. T143-11375-00016.  A review of the results from the stack test indicate source was in compliance for condition D.1.5 of Title V Permit No. T143-11375-00016.

 

c.                  Respondent has installed an automatic equipment shutdown interlock to the Repelletizer operation, causing the source to automatically shut down if the control device experiences a malfunction or the Repelletizer Thermal Oxidizer (RTO) temperature is operating less than the required minimum.

 

6.                  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 his 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 condition D.1.5 of Title V Permit No. T143-11375-00016.

 

3.                  All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

 

Brenda Mathews, Enforcement Case Manager

Indiana Department of Environmental Management

Office of Compliance & Enforcement

100 North Senate Avenue

MC 60-02 IGCN 1315

Indianapolis, IN 46204-2251

 

4.                  Respondent is assessed a civil penalty of Six Thousand Seven Hundred Fifty Dollars ($6,750.00).  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 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:

 

Indiana Department of Environmental Management

Cashiers Office – Mail Code 50-10C

100 N. Senate Avenue

Indianapolis, IN  46204-2251

 

6.                  In the event that the civil penalty required by Order paragraph No. 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 this Agreed Order.

 

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TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Genpak, LLC

 

By:

 

 

By:

James Riley

 

David P. McIver

 

Printed:

 

 

Chief, Air Section

 

Title:

President

 

Office of Enforcement

 

 

 

Date:

 

 

Date:

 

 

COUNSEL FOR COMPLAINANT:

 

COUNSEL FOR RESPONDENT:

Department of Environmental Management

 

 

 

By:

 

 

By:

 

 

Jay Rodia

 

 

 

 

Office of Legal Counsel

 

 

 

Date:

 

 

Date:

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

 DAY OF

 

, 200

 

.

 

 

For The Commissioner:

 

 

 

Signed on May 25, 2006

 

Matthew T. Klein

 

Assistant Commissioner for

 

Compliance and Enforcement