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STATE OF |
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BEFORE THE INDIANA
DEPARTMENT |
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COMMISSIONER OF THE
DEPARTMENT Complainant, v. SILGAN CONTAINERS
MANUFACTURING CORPORATION, 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.
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 Silgan
Containers Manufacturing Corporation (“Respondent”), which owns and operates the
metal coil coating facility with Plant I.D. No. 089-00202 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”) via [Certified Mail to:
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Thomas J. Snyder, President |
CT Corporation System, Registered Agent |
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Silgan Containers Manufacturing Corporation |
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5.
During an
investigation conducted by a representative of IDEM, the following violations
were found:
a. Pursuant
to Condition D.1.3 of Part 70 Operation Permit No. 089-21146-00202 (“Part 70
Permit”) and 326 IAC 8-7-3(1), Respondent shall meet the applicable volatile
organic compound (“VOC”) reduction requirements for the Coil Coating Line by
operating a regenerative thermal oxidizer with an overall control efficiency of
ninety-eight percent (98%).
During
compliance stack testing conducted on January 24 and 25, 2008, Respondent
failed to demonstrate an overall control efficiency of ninety-eight percent
(98%) for the regenerative thermal oxidizer controlling the Coil Coating Line,
in violation of Condition D.1.3 of the Part 70 Permit and 326 IAC 8-7-3.
b. Pursuant
to Condition D.1.2 of the Part 70 Permit and 326 IAC 8-2-4(b), the VOC
emissions from the Coil Coating Line shall be limited to 2.6 pounds per gallon
(excluding water). Pursuant to Condition
D.1.8 of the Part 70 Permit and 326 IAC 8-1-2(b), compliance with the limit
shall be determined based on an equivalent emission rate of 4.02 pounds per
gallon of solids.
Respondent
failed to comply with the VOC emission limit during compliance stack testing
conducted on January 25, 2008, in violation of Condition D.1.2 of the Part 70
Permit and 326 IAC 8-2-4(b).
6.
On June 19 and
20, 2008, Respondent retested the regenerative thermal oxidizer controlling the
Coil Coating Line and demonstrated compliance with the applicable requirements.
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 Respondents. This Agreed Order shall have no force or
effect until the Effective Date.
2.
Respondent shall
comply with Conditions D.1.2 and D.1.3 of the Part 70 Permit, 326 IAC 8-2-4(b)
and 326 IAC 8-7-3.
3.
All submittals
required by this Agreed Order, unless Respondent is notified otherwise in
writing by IDEM, shall be sent to:
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Janusz
Johnson, Enforcement Resource Manager |
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Office
of Air Quality, Compliance and Enforcement Branch |
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Mail
Code 61-50 |
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Indiana
Department of Environmental Management |
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4.
Respondent is
assessed a civil penalty of Nine Thousand Four Hundred dollars ($9,400). Said penalty amount shall be due and payable
to the Environmental Management Special Fund within forty-five (45) days of the
Effective Date. In the event that the
civil penalty is not paid within forty-five (45) 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:
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Indiana
Department of Environmental Management |
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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.
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 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.
13.
This Agreed
Order shall remain in effect until IDEM issues a Resolution of Case letter to
Respondent.
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TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental Management |
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Silgan Containers Manufacturing
Corporation |
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By: |
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By: |
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Roger Letterman, Chief |
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Printed: |
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Compliance And Enforcement Section 3 |
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Title: |
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Office of Air Quality |
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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
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, 2009. |
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For the Commissioner: |
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Signed on June 11, 2009 |
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Daniel Murray |
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Assistant Commissioner |
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Office of Air Quality |
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