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BEFORE THE INDIANA
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ENVIRONMENTAL MANAGEMENT |
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COMMISSIONER OF THE
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OF ENVIRONMENTAL
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Complainant, |
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Case No. 2005-14530-H |
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ACCUCAST TECHNOLOGY,
L.L.C., |
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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. 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
AccuCast Technology, L.L.C. ("Respondent"), which operates the
facility located at
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 June 1, 2005, IDEM issued a Notice of Violation via Certified
Mail to:
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Sal
Detraglia, President |
Joseph
A. Seher, Registered Agent for |
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AccuCast
Technology, LLC |
AccuCast
Technology, L.L.C. |
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220
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220
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5.
Respondent is a
gray and ductile iron foundry that casts parts for agricultural and off-road
heavy equipment.
6.
An inspection on
December 2, 2004, was conducted at the Site by a representative of IDEM’s
Office of Land Quality (“OLQ”). The
following violations were in existence or observed at the time of this
inspection:
a.
Pursuant to IC
13-30-2-1(4), no person shall deposit or cause or allow the deposit of any
contaminants or solid waste upon the land, except through the use of sanitary
landfills, incineration, composting, garbage grinding, or another method
acceptable to the solid waste management board.
Respondent caused and/or allowed foundry waste, a contaminant or solid
waste, to be deposited at the Site in a method unacceptable to the solid waste
management board when Respondent pumped storm water mixed with foundry waste to
a storm sewer on the west side of the property.
Respondent was also storing foundry waste in a pile on the ground on the
south side of the property. Waste being
stored included, but was not limited to, baghouse dust, sand, cores, molds,
grinding swarf, wooden palettes and other wastes associated with the casting of
gray and ductile iron parts.
b.
Pursuant to IC
13-30-2-1(3), no person shall deposit any contaminants upon the land in a place
or manner that creates or would create a pollution hazard that violates or
would violate 329 IAC 10-4-2 and 329 IAC 10-4-3. Respondent deposited foundry waste, a
contaminant, at the Site in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3.
c.
Pursuant to 329
IAC 10-4-2, no person shall cause or allow the storage, containment,
processing, or disposal of solid waste in a manner which creates a threat to
human health or the environment, including the creating of a fire hazard,
vector attraction, air or water pollution, or other contamination. Respondent caused and/or allowed foundry
waste, including but not limited to, baghouse dust, sand, cores, molds,
grinding swarf, wooden palettes and other wastes associated with the casting of
gray and ductile iron parts, solid wastes, to be stored at the Site in a manner
which creates a threat to human health or the environment.
d.
Pursuant to 329
IAC 10-4-3, open dumping and open dumps, as those terms are defined in IC
13-11-2-146 and IC 13-11-2-147, are prohibited.
Respondent caused and/or allowed foundry waste, including but not
limited to, baghouse dust, sand, cores, molds, grinding swarf, wooden palettes
and other wastes associated with the casting of gray and ductile iron parts,
solid wastes, to be open dumped at the Site.
e.
Pursuant to 329
IAC 10-11-1, unless excluded by 329 IAC 10-3-1 or 329 IAC 10-3-2, and except for
activities related to open dumps under 329 IAC 10-4-4, and as otherwise
provided in 329 IAC 10-5, any person who disposes of solid waste shall have a
solid waste land disposal facility permit prior to construction and disposal at
the Site. Respondent has disposed solid
waste, including but not limited to, baghouse dust, sand, cores, molds,
grinding swarf, wooden palettes and other wastes associated with the casting of
gray and ductile iron parts at the Site without a solid waste land disposal
facility permit.
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 IC 13-30-2-1(4).
Specifically, Respondent shall cease pumping storm water mixed with
foundry waste to a storm sewer on the west side of the property. Respondent shall also cease depositing
foundry waste on the land except through the use of sanitary landfills,
incineration, composting, garbage grinding, or another method acceptable to the
solid waste management board.
3.
Respondent shall
comply with IC 13-30-2-1(3).
Specifically, Respondent shall cease depositing foundry waste, a
contaminant, at the Site in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3.
4.
Respondent shall
comply with 329 IAC 10-4-2. Specifically,
Respondent shall cease storing foundry waste, including but not limited to,
baghouse dust, sand, cores, molds, grinding swarf, wooden palettes and other
wastes associated with the casting of gray and ductile iron parts at the Site
in a manner which creates a threat to human health or the environment.
5.
Respondent shall
comply with 329 IAC 10-4-3.
Specifically, Respondent shall cease the open dumping of foundry waste,
including but not limited to, baghouse dust, sand, cores, molds, grinding
swarf, wooden palettes and other wastes associated with the casting of gray and
ductile iron parts, at the Site.
6.
Respondent shall
comply with 329 IAC 10-11-1.
Specifically, Respondent shall cease disposing of solid waste, including
but not limited to, baghouse dust, sand, cores, molds, grinding swarf, wooden
palettes and other wastes associated with the casting of gray and ductile iron
parts at the Site without a solid waste land disposal facility permit.
7.
Within seven (7)
days of the Effective Date of this Agreed Order, Respondent shall remove five
truckloads of the previously accumulated foundry sand. Every seven days thereafter, Respondent shall
remove an additional five truckloads, until the previously accumulated foundry
sand has been completely removed.
8.
Within thirty
(30) days of the Effective Date of this Agreed Order, Respondent shall submit
to IDEM documentation of removal of the previously accumulated foundry
sand. Respondent shall continue to
submit documentation of removal activities every thirty (30) days thereafter,
until the previously accumulated foundry sand has been completely removed.
9.
All submittals
required by this Agreed Order, unless notified otherwise in writing, shall be
sent to:
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Aubrey N. Sherif |
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Senior Environmental
Manager |
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Indiana Department of
Environmental Management |
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Office of Enforcement,
Mail Code 60-02 |
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10.
Respondent is
assessed a civil penalty of Six Thousand Dollars ($6,000). 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.
11.
In the event the
terms and conditions of the following paragraphs are violated, the Complainant may
assess and the Respondent shall pay a stipulated penalty in the following
amount:
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Violation |
Penalty |
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Failure to comply with
Order paragraph 7 |
$500 per week |
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Failure to comply with
Order paragraph 8 |
$500 per week |
12.
Stipulated penalties
shall be due and payable within thirty (30) days after Respondent receives
written notice that the Complainant has determined a stipulated penalty is
due. Assessment and payment of
stipulated penalties shall not preclude the Complainant from seeking any
additional relief against the Respondent for violation of the Agreed
Order. In lieu of any of the stipulated
penalties given above, the Complainant may seek any other remedies or sanctions
available by virtue of Respondent’s violation of this Agreed Order or Indiana
law, including, but not limited to, civil penalties pursuant to IC 13-30-4.
13.
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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Indiana Department of
Environmental Management |
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Cashier’s Office, Mail
Code 50-10C |
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14.
In the event
that the civil penalty required by Order paragraph 10 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.
15.
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.
16.
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.
17.
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.
18.
This Agreed
Order shall remain in effect until IDEM issues a Resolution of Case letter to
Respondent.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental Management |
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By: |
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Nancy L. Johnston, Chief |
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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 Environmental Management |
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By: |
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Office of Legal Counsel |
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Date: |
_____________________ |
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________________ |
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APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL |
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MANAGEMENT THIS |
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OF |
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For The Commissioner: |
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Signed November 9, 2005 |
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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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