STATE OF |
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BEFORE THE INDIANA
DEPARTMENT |
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COMMISSIONER OF THE
DEPARTMENT Complainant, v. JUPITER ALUMINUM
CORPORATION, JUPITER COILCOATING
DIVISION, 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
Jupiter Aluminum Corporation, Jupiter Coilcoating Division (“Respondent”),
which owns and operates the aluminum coil coating source with Plant ID No.
145-00013, 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 February 18, 2008 via
Certified Mail to:
Dietrich Gross, President |
Lexis Document Services, Inc. |
Jupiter Aluminum Corporation, Jupiter Coilcoating Division |
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5.
During an
investigation including testing performed on July 12 and 13, 2007, observed by a representative of IDEM,
the following violations were found:
a. Regulation
40 CFR 63.5120(a), 326 IAC 20-64-1 and Title 5 permit modification
145-23722-00013 condition D.1.14 require each coil coating affected source to
limit organic Hazardous Air Pollutant (“HAP”) emissions to no more than 2
percent of the organic HAP applied for each month during each 12-month
compliance period (98 percent reduction); or no more than 0.046 kilogram (“kg”)
of organic HAP per liter of solids applied during each 12-month compliance
period; or operate the oxidizer such that an outlet organic HAP concentration
of no greater than 20 parts per million by volume (ppmv) on a dry basis is
achieved and the efficiency of the capture system is 100 percent.
Respondent failed to meet the required emission standards from the Aluminum
Roller Coating Line #2, demonstrated by testing performed on July 12 and 13,
2007, in violation of 40 CFR 63.5120(a), 326 IAC 20-64-1, and Title 5 permit
modification 145-23722-00013 condition D.1.14.
6.
Respondent
tested the oxidizer at 99.90% overall control efficiency on November 21, 2007.
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 40 CFR 63.5120, 326 IAC 20-64-1 and Title 5 permit modification
145-23722-00013 condition D.1.14.
3.
Respondent is
assessed a civil penalty of Nine Thousand Dollars ($9,000). 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 its 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.
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.
8.
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.
9.
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.
10.
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.
11.
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.
12.
This Agreed
Order shall remain in effect until Respondent has paid the civil penalty
required under paragraph 3 of this Order.
13.
This Agreed
Order, and compliance with its terms, shall resolve the alleged violations in
the Findings of Fact set forth above.
TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental Management |
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Jupiter Aluminum Corporation, |
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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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, 2008. |
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For the Commissioner: |
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Signed on July 23, 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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