STATE OF |
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BEFORE THE INDIANA
DEPARTMENT |
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COMMISSIONER OF THE
DEPARTMENT Complainant, v. SONOCO FLEXIBLE PACKAGING 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. 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 (“IDEM”), a department of the State of
2.
Respondent is Sonoco Flexible Packaging
Co., Inc. (“Respondent[s]”), which
owns/operates the commercial printing operation with United States Environmental
Protection Agency (EPA) ID No. 081-00005, Title V Permit No. 081-7183-00005,
(“Permit”) located at 6502 S. U.S. Highway 31 in Edinburgh, Johnson County,
Indiana (“Site”).
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 December 11, 2006 via Certified
Mail to:
Thomas L. Coker, President |
CT Corporation System |
Sonoco Flexible Packaging Co., Inc. |
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One |
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5.
During an
investigation conducted by a representative of IDEM, the following violations
were found:
a. Pursuant
to Condition D.2.1(c) of the Permit, the 8RL thermal oxidizer shall operate at
all times the 8RL rotogravure printing press is operated and achieve a
destruction efficiency of ninety eight percent (98%).
During a stack test conducted on June
28, 2006, the 8RL thermal oxidizer achieved a destruction efficiency of ninety
six and three tenths percent (96.3%), in violation of Condition D.2.1(c)(4).
6.
Respondent replaced
the media in the thermal oxidizer bed with a two-layer system to prevent
silicone compounds from reducing the effectiveness of the control device. Respondent retested the 8RL thermal oxidizer on
November 17, 2006. This retest achieved
a destruction efficiency of ninety eight and seven tenths percent (98.7%).
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 Complainant
or Complainant’s delegate, and has been received by Respondent. This Agreed Order shall have no force or
effect until the Effective Date.
2.
Respondent shall
comply with conditions of the Permit at issue.
3.
Within sixty (60)
days of the Effective Date, Respondent shall submit an application to modify
the Permit to include appropriate recordkeeping and operational requirements
necessary to ensure the practical enforceability of controlling the 8RL
degreaser with the 6RL thermal oxidizer control system and account for the
actual controlled degreaser emissions specifically in the limiting condition
that makes the requirements of Prevention of Significant Deterioration, 326 IAC
2-2, not applicable to the 8RL line.
4.
Respondent shall
keep records of all inspections, results of inspections and maintenance
performed on the porcelain protective layers added to the cold sides of the 8RL
thermal oxidizer beds, including quantities of any material replaced.
5.
Respondent shall
conduct a performance test on the 8RL thermal oxidizer to demonstrate
compliance with Condition D.2.1(c), Items (2) and (4), of the Permit between
March 1, 2008 and May 31, 2008. Such
test shall be conducted prior to any change in the heat exchange media of the
8RL thermal oxidizer bed subsequent to the testing conducted on November 17,
2006, except that Respondent may inspect and replace the porcelain protective
layer on the cold side of the thermal oxidizer beds as necessary. Said performance test shall be performed in
accordance with 326 IAC 3-6 and a copy of the records required in Order
Paragraph No. 4 shall be submitted with the test protocol for the performance
test.
6.
All submittals
required by this Agreed Order, unless Respondent is notified otherwise in
writing by IDEM, shall be sent to:
Janusz
Johnson, Enforcement Case Manager |
Office
of Enforcement – Mail Code 60-02 |
Indiana
Department of Environmental Management |
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7.
Respondent is
assessed a civil penalty of Eighteen Thousand dollars ($18,000). 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.
8.
In the event the
terms and conditions of the following paragraphs are violated, Complainant may
assess and Respondent shall pay a stipulated penalty in the following amount:
Paragraph |
Penalty |
No. 5 |
Five hundred dollars ($500) per week or part
thereof |
9.
Stipulated
penalties shall be due and payable within thirty (30) days after Respondent
receives written notice that Complainant has determined a stipulated penalty is
due. Assessment and payment of
stipulated penalties shall not preclude Complainant from seeking any additional
relief against Respondent for violation of this Agreed Order. In lieu of any of the stipulated penalties
set out above, 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.
10.
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:
Indiana
Department of Environmental Management |
Cashier
– Mail Code 50-10C |
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11.
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 its status or responsibilities under this Agreed Order.
12.
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.
13.
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.
14.
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 its obligation to
comply with the requirements of its applicable permit or any applicable Federal
or State law or regulation.
15.
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.
16.
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.
17.
Nothing in this
Agreed Order shall prevent IDEM 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.
18.
This Agreed
Order, and compliance with its terms, shall resolve all violations set forth in
the Findings of Fact of this Agreed Order.
19.
This Agreed
Order shall remain in effect until IDEM issues a Resolution of Case letter to
Respondent.
TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental Management |
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Sonoco Flexible Packaging Co., Inc. |
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Craig Henry |
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Printed: |
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Chief, Air Section |
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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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For the Department of Environmental Management |
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By: |
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By: |
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Deputy Attorney General |
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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 July 20, 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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