STATE OF |
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BEFORE THE INDIANA
DEPARTMENT |
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COMMISSIONER OF THE
DEPARTMENT Complainant, v. CARMEUSE LIME COMPANY, Respondent. |
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AGREED ORDER
Complainant and 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 (“IDEM”), a department of the State of
2.
Respondent is Carmeuse
Lime Company (“Respondent”), which owns and operates the company with United
States Environmental Protection Agency (EPA) ID No. 089-00112, located at
3.
IDEM has
jurisdiction over the parties and the subject matter of this action.
4.
Pursuant to IC
13-30-3-3, IDEM issued a Notice of Violation on September 28, 2006 via
Certified Mail to:
Thomas
A. Buck, President National
Registered Agents, Inc. |
Carmeuse
Lime Company Registered
Agent |
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5. Based on a records
review on April 15, 2006, IDEM has reason to believe that Carmeuse Lime Company
(“Respondent”) has violated environmental rules. The violations are based on
the following:
a. Pursuant
to condition B.9(a) of Part 70 Permit No. 089-6140-00112, this facility, a stationary
lime manufacturing plant, must submit an annual compliance certification report
which addresses the status of the source’s compliance with the terms and
conditions of the Part 70 permit as required by 326 IAC 2-7-6(1), by April 15
of each year to cover the time period from January 1 to December 31 of the
previous year. This facility failed to
submit the annual compliance certification for the year 2005 by April 15, 2006,
a violation of this Part 70 permit condition.
6. In
recognition of the settlement reached, Respondents 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 Complainant
or Complainant’s delegate, and has been received by Respondents. This Agreed
Order shall have no force or effect until the Effective Date.
2.
Respondent shall
comply with condition B.9(a) of Part 70 Permit No. 089-6140-00112 as required
by 326 IAC 2-7-6(1).
3.
Respondent is
assessed a civil penalty of Seven Thousand Dollars ($7,000). Said penalty
amount shall be due and payable to the Environmental Management Special Fund
within thirty (30) days of the Effective Date.
In the event that the civil penalty is not paid within thirty (30) days
of the Effective Date, 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.
4.
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 |
Cashier
– Mail Code 50-10C |
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5.
This Agreed
Order shall apply to and be binding upon Respondent and its successors and
assigns. Respondent’s signatories to this
Agreed Order certify that they are fully authorized to execute this Agreed
Order and legally bind the party they represent. No change in ownership, corporate, or partnership
status of Respondent shall in any way alter their status or responsibilities under
this Agreed Order.
6.
In the event
that any terms of this 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 this Agreed Order did not contain the invalid terms.
7.
This Agreed
Order is not and shall not be interpreted to be a permit or a modification of
an existing permit. This Agreed Order,
and IDEM’s review or approval of any submittal made by Respondent pursuant to
this Agreed Order, shall not in any way relieve Respondent of their obligation
to comply with the requirements of their applicable permits or any applicable
Federal or State law or regulation.
8.
Complainant does
not, by its approval of this Agreed Order, warrant or aver in any manner that
Respondent’s compliance with any aspect of this Agreed Order will result in
compliance with the provisions of any permit, order, or any applicable Federal
or State law or regulation.
Additionally, IDEM or anyone acting on its behalf shall not be held
liable for any costs or penalties Respondent may incur as a result of
Respondent’s efforts to comply with this Agreed Order.
9.
Nothing in this
Agreed Order shall prevent or limit IDEM’s rights to obtain penalties or
injunctive relief under any applicable Federal or State law or regulation,
except that IDEM may not, and hereby waives its right to, seek additional civil
penalties for the same violations specified in the NOV.
10.
Nothing in this
Agreed Order shall prevent IDEM or anyone acting on its behalf from
communicating with the EPA or any other agency or entity about any matters
relating to this enforcement action.
IDEM or anyone acting on its behalf shall not be held liable for any
costs or penalties Respondent may incur as a result of such communications with
the EPA or any other agency or entity.
11.
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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By: |
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By: |
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Craig Henry |
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Printed: |
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Acting 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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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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, 2007. |
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For The Commissioner: |
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Signed on February 16, 2007 |
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Robert B. Keene |
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Assistant Commissioner |
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Office of Legal Counsel and Enforcement |
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