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”), which owns and
operates the commercial printing operation with Plant ID No. 081-00005, 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 (“NOV”) on April 27, 2007 via
Certified Mail to:
Thomas L. Coker, President |
CT Corporation System |
Sonoco Flexible Packaging Co., Inc. |
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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(a) of the Part 70 Permit No. 081-7183-00005 issued on July 1,
2003 (“Part 70 Permit”) the total amount of organic solvent delivered to the
6RL Press shall be less than 701.88 tons per year.
Respondent exceeded the allowable amount of organic solvent delivered to the
6RL Press in April of 2005, in violation of Condition D.2.1(a) of the Permit.
b.
Pursuant to
Condition D.2.1(a) of the Minor Permit Modification No. 081-21218-00005 issued
on September 21, 2005 (“Modified Part 70 Permit”), the total amount of organic
solvent delivered to the 6RL Press shall be less than 798.34 tons per
consecutive 12-month period, with compliance determined at the end of each
month.
Respondent
exceeded the allowable amount of organic solvent delivered to the 6RL Press in August
and September 2005, in violation of Condition D.2.1(a) of the Modified Permit.
c. Pursuant
to Significant Source Modification Permit No. 081-12310-00005, issued on
November 14, 2000 (“Construction Permit”), modifications made to the 6RL
rotogravure printing press (“6RL Press”) were not subject to Prevention of
Significant Deterioration (“PSD”) requirements based on synthetic minor limits
established to restrict VOC emissions from the 6RL Press to 168.45 tons per
year. These synthetic minor limits were subsequently
reflected in the Part 70 Permit and Modified Part 70 Permit including Condition
D.2.1(a).
Respondent
exceeded the PSD significant level of VOC emissions applicable the 6RL Press in
September 2005 because actual emissions from the 6RL Press were greater than
168.45 tons per year, in violation of the PSD requirements (326 IAC 2-2, et
seq.).
6.
Respondent
completed installation of a total enclosure around the 6RL Press in January
2006.
7.
Respondent submitted
a permit application regarding the 6RL Press on August 9, 2006. Review of the application included a PSD Best
Available Control Technology assessment and resulted in Significant Source
Modification Permit No. 081-23492-00005 issued on August 28, 2007.
8.
Respondent
installed a new thermal oxidizer on the 6RL Press and conducted stack testing
to determine the overall destruction efficiency of the 6RL Press capture and
control system on December 18, 2007.
9.
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 the requirements of Condition D.2.1 of the Part 70 Permit as modified
by Significant Permit Modification No. 081-24551-00005 issued on September 18,
2007.
3.
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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4.
Respondent is
assessed a civil penalty of Fifty One Thousand dollars ($51,000). 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.
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 |
Cashier
– Mail Code 50-10C |
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6.
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.
7.
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.
8.
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.
9.
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.
10.
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.
11.
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.
12.
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.
13.
This Agreed
Order, and compliance with its terms, shall resolve all violations set forth in
the Findings of Fact of this Agreed Order.
14.
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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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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OF |
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, 2008. |
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For the Commissioner: |
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Signed on May 19, 2008 |
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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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