STATE OF |
) |
|
BEFORE THE INDIANA
DEPARTMENT |
||
|
|||||
COMMISSIONER OF THE
DEPARTMENT Complainant, v. C&D TECHNOLOGIES,
INC., 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 C&D Technologies, Inc. (“Respondent”), which owns/operates a stationary
custom industrial battery manufacturing
facility with Plant ID No. F045-00008, 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 November 15, 2007
via Certified Mail to:
Mr.
Jeffrey A. Graves, President |
National
Registered Agents |
C&D
Technologies, Inc. |
|
|
|
Blue
|
|
5. During
an investigation conducted by a representative of IDEM, the following
violations were found:
a. Pursuant
to FESOP Permit Number 045-11285-00008 (“permit”), issued to Respondent on May
26, 2000, condition D.1.1(b) Lead Emissions [326 IAC 12, (40 CFR Part
60.370-60.374, Subpart KK)]; the grid casting facilities (EU 0100A, EU 01000B
and EU 0200A) shall not emit any gases that contain in excess of 0.000175
grains of lead per dry standard cubic feet of exhaust.
During a stack test conducted on June 25, 2007, Respondent exceeded the
allowable limit for lead emissions from their grid casting operation, EU 0200A (group
3, Stack 196) in violation of condition D.1.1(b) Lead Emissions [326 IAC 12,
(40 CFR Part 60.370-60.374, Subpart KK)] of Permit No. 045-11285-00008, issued
to Respondent on May 26, 2000.
b. Pursuant
to FESOP Permit Number 045-11285-00008, issued to Respondent on May 26, 2000,
condition C.18(b), Actions Related to Noncompliance Demonstrated by a Stack
Test [326 IAC 2-8-4] [326 IAC 2-8-5]; A retest to demonstrate compliance shall
be performed within one hundred twenty (120) days of receipt of the original
test results.
Respondent failed to conduct a retest to demonstrate compliance for their grid
casting operation, EU 0200A (group 3, Stack 196) within one hundred twenty
(120) days of receipt of the original non compliant test results in violation
of condition C.18(b), Actions Related to Noncompliance Demonstrated by a Stack
Test [326 IAC 2-8-4] [326 IAC 2-8-5] of Permit No. 045-11285-00008, issued to
Respondent on May 26, 2000.
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 condition D.1.1(b), Lead Emissions [326 IAC 12, (40 CFR Part 60.370-60.374, Subpart KK)] of
the permit.
3. Respondent
shall comply with condition C.18(b), Actions Related to Noncompliance Demonstrated by a Stack Test [326 IAC 2-8-4]
[326 IAC 2-8-5] of the permit.
4. Respondent
shall conduct lead emissions testing of their grid casting operation, EU 0200A(group3,
stack 196) within sixty (60) days of the Effective Date of this Order, in
accordance with the requirements of 326 IAC 3-6 to determine compliance with
the applicable lead limit.
Test protocols shall be submitted to:
Indiana
Department of Environmental Management |
Compliance
Data Section, Office of Air Quality |
Mail
Code 61-50 |
|
|
no
later than thirty-five (35) days prior to the intended test date.
5. Copies
of test results required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
Mary Kelley, Case Manager Office of Enforcement – Mail Code 60-02 |
Indiana Department of Environmental Management |
|
|
6. Respondent
is assessed a civil penalty of Fifteen Thousand Dollars ($15,000.00). 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.
7.
In the event the
terms and conditions of the following paragraph is violated, Complainant may
assess and Respondent shall pay a stipulated penalty in the following amount:
Paragraph |
Violation |
Stipulated Penalty |
4. |
Failure to conduct testing within time limits
specified in paragraph 4. |
$500.00/day |
8. 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.
9. 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 |
|
|
10. 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.
11. 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.
12. 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.
13. 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 permit or any applicable Federal or State law
or regulation.
14. 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.
15. 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 Notice of Violation.
16. 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.
17. This
Agreed Order shall remain in effect until Respondent has complied with all
terms and conditions of this Agreed Order and IDEM issues a Resolution of Case
letter to Respondent.
TECHNICAL RECOMMENDATION: |
|
RESPONDENT: |
|||||
Department of Environmental Management |
|
C&D Technologies, Inc. |
|||||
|
|
|
|||||
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 |
|
, 2008. |
|||
|
|||||||
|
For the Commissioner: |
||||||
|
|
||||||
|
Signed on February 18, 2008 |
||||||
|
Robert B. Keene |
||||||
|
Assistant Commissioner |
||||||
|
Office of Legal Counsel and Enforcement |
||||||