STATE OF |
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BEFORE
THE INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. UNITED STATES GYPSUM COMPANY, Respondent. |
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2005-15277-A |
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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. 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 United States Gypsum Company (“Respondent”), which owns and operates a stationary
gypsum wallboard and gypsum products manufacturing plant with ID number
089-00333 located at
3. The
4. Pursuant to
IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:
Mr.
James S. Metcalf, President CT
Corporation System, Registered Agent |
United
States Gypsum Company 251
East |
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5. A records review, on December 29, 2004
and July 7, 2005, were 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 records
review:
a. Pursuant to 326 IAC 6-1-2 and condition
D.3.1 of Title V Permit 089-7532-00107, the Particular Matter (PM) emissions
from Calcining Kettle #1 shall not exceed 0.03 grains per dry standard cubic
foot (gr/dscf).
November 05, 2004, the source conducted a stack test to determine compliance
with emission limitations. A review of
the results indicate that the source averaged 0.68 gr/dscf, a violation of 326
IAC 6-1-2 and condition D.3.1 of Title V Permit 089-7532-00107.
May 04, 2005, the source conducted a stack retest to determine compliance with
emission limitations. A review of the
results indicate that the source averaged 0.08 gr/dscf, a violation of 326 IAC
6-1-2 and condition D.3.1 of Title V Permit 089-7532-00107.
b. Pursuant to condition D.3.5 of Title V
Permit 089-7532-00107 and 40 CFR 60, Subpart UUU, the Particular Matter (PM)
emissions from Calcining Kettle #1 shall not exceed 0.0092 grams per dry
standard cubic meter (g/dscm) and ten percent (10%) opacity.
November 05, 2004, the source conducted a stack test to determine compliance
with emission limitations. A review of
the results indicate that the source averaged 1.56 g/dcsm, a violation of
condition D.3.5 of Title V Permit 089-7532-00107 and 40 CFR 60, Subpart UUU.
May 04, 2005, the source conducted a stack test to determine compliance with
emission limitations. A review of the
results indicate that the source averaged 0.192 g/dcsm, a violation of condition
D.3.5 of Title V Permit 089-7532-00107 and 40 CFR 60, Subpart UUU.
6.
On September 28, 2005, Respondent performed a stack test on
Calcining Kettle No. 1 for particulate control with a baghouse control to
demonstrate compliance with emission limitations. The results of this test indicate that
Calcining Kettle No. 1 was in compliance with emission limitations.
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 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 326 IAC
6-1-2, conditions D.3.1 and D.3.5 of Title V Permit 089-7532-00107 and 40 CFR
60, Subpart UUU.
3. All submittals required by this Agreed
Order, unless notified otherwise in writing, shall be sent to:
Brenda Mathews, Enforcement Case
Manager |
Office of Enforcement |
Indiana Department of
Environmental Management |
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4.
Respondent is assessed a civil penalty of Eighteen Thousand
Dollars ($18,000.00). 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 |
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6. In the event that the civil penalty
required by Order paragraph No. 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.
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: |
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RESPONDENT: |
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Department of Environmental Management |
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United States Gypsum Company |
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David P. McIver |
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Printed: |
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Chief, Air Section |
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Title: |
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Office of Enforcement |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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Department of Environmental Management |
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By: |
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By: |
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Meckler, Bulger & Tilson, LLP |
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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 THIS |
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DAY OF |
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, 2006. |
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For The Commissioner: |
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Signed on August 23, 2006 |
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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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