STATE OF |
) |
|
BEFORE THE INDIANA
DEPARTMENT |
||
|
|||||
COMMISSIONER OF THE
DEPARTMENT Complainant, v. GARTLAND FOUNDARY COMPANY, Respondent. |
) |
|
|||
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 Gartland
Foundry Company (“Respondent”), which owns and operates the stationary gray and
ductile iron foundry for the manufacture of iron castings with Plant ID No. 167-00007,
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 February 9, 2007 via Certified
Mail to:
William
G. Grimes, President |
David
Grimes, Registered Agent |
Gartland
Foundry Company |
|
|
|
|
|
5.
Based on the
results of a stack test performed on September 7, 2006, the following
violations were found:
a. Pursuant to the Federally
Enforceable State Operating Permit (“FESOP”) No. 167-17828-00007, issued to
Respondent, condition D.1.2(b) and 326 IAC 2-8, the particulate matter (“PM”)
emissions from the induction furnaces (#3 and #4) shall be limited to 0.018
pounds per ton of metal melted.
Based on the results of the stack test, the PM emissions from the induction
furnaces (#3 and #4) were 0.032 pounds per ton of metal melted, in violation of
Permit condition D.1.2(b) and 326 IAC 2-8
Pursuant to the FESOP, issued to Respondent, condition D.1.2(c) and 326 IAC 2-8,
the PM10 emissions from the induction furnaces (#3 and #4) shall be limited to
0.017 pounds per ton of metal melted.
Based on the
results of the stack test, The PM10 emissions from the induction furnaces (#3
and #4) were 0.132 pounds per ton of metal melted, in violation of Permit
condition D.1.2(c) and 326 IAC 2-8.
6.
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 FESOP No. 167-24101-00007.
3.
Respondent shall
conduct
emission sampling for particulate matter and PM-10 emission, in accordance with
the requirement of section C of FESOP No. 167-24101-00007,
prior to June 30, 2009.
4.
All submittals
required by this Agreed Order, unless Respondent is notified otherwise in
writing by IDEM, shall be sent to:
Matthew
Chaifetz, Enforcement Case Manager |
Office
of Enforcement – Mail Code 60-02 |
Indiana
Department of Environmental Management |
|
|
5.
Respondent is
assessed a civil penalty of Ten Thousand One Hundred Twenty-Five Dollars ($10,125.00). 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.
6.
In the event the
terms and conditions of paragraph 3 are violated, Complainant may assess and
Respondent shall pay a stipulated penalty of One Thousand Dollars ($1,000.00)
per week or part thereof.
7.
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.
8.
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 |
|
|
9.
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.
10.
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.
11.
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.
12.
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.
13.
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.
14.
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.
15.
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.
16.
This Agreed
Order shall remain in effect until IDEM issues a Resolution of Case letter to
Respondent.
TECHNICAL RECOMMENDATION: |
|
RESPONDENT: |
|||||
Department of Environmental Management |
|
|
|||||
|
|
|
|||||
By: |
|
|
By: |
|
|||
|
Craig Henry |
|
Printed: |
|
|||
|
Chief, Air Section |
|
Title: |
|
|||
|
Office of Enforcement |
|
|
|
|||
Date: |
|
|
Date: |
|
|||
|
|
|
|
|
|||
|
|
|
|||||
COUNSEL FOR COMPLAINANT: |
|
COUNSEL FOR RESPONDENT: |
|||||
For the Department of Environmental Management |
|
|
|||||
|
|
|
|||||
By: |
|
|
By: |
|
|||
|
|
|
|
|
|||
|
Deputy Attorney General |
|
|
|
|||
Date: |
|
|
Date: |
|
|||
|
|
|
|
|
|||
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL |
|||||||
MANAGEMENT THIS |
|
DAY
OF |
|
, 2007. |
|||
|
|||||||
|
For the Commissioner: |
||||||
|
|
||||||
|
Signed on September 19, 2007 |
||||||
|
Robert B. Keene |
||||||
|
Assistant Commissioner |
||||||
|
Office of Legal Counsel and Enforcement |
||||||