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STATE
OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. PACMOORE PROCESS TECHNOLOGIES, Respondent. |
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AGREED
ORDER
Complainant
and Respondent[s] 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 Indiana created by Indiana Code (“IC”) 13-13-1-1.
2.
Respondent is PacMoore Process Technologies (“Respondent”),
which owns/operates a dry food grade manufacturing facility with Plant ID No. 109-00062,
located at 100 PacMoore Parkway, in Mooresville, Morgan County Indiana
(“Site”).
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”) in conjunction with this Agreed Order to:
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Brent Ness, V.P. Engineering |
William J
Moore, Registered Agent |
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PacMoore Process Technologies |
1844
Summer Street |
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100 PacMoore Parkway |
Hammond ,
IN 46320 |
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Mooresville, IN 46158 |
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5.
During a review conducted by a representative
of IDEM, the following violations were found:
a. Pursuant to 326 IAC 2-5.1-3(a), prior
to commencing construction of any emissions unit which has potential emissions
of twenty-five (25) tons or more per year of any of the regulated pollutants
specified in section (E) of this Rule, the source shall apply for and obtain a
construction permit.
Respondent constructed emission units
at the Site without first applying for and obtaining a construction permit, in
violation of 326 IAC 2-5.1-3(a).
b. Pursuant to 326 IAC 2-7-3, no Part 70
source may operate after the time that is required to submit a timely and
complete application except in compliance with a Part 70 permit issued under
this rule. A source can continue to operate without being in violation of this
rule if it submits a timely and complete application.
Respondent operated without submitting
a timely and complete Part 70 permit application, in violation of 326 IAC
2-7-3.
c. Pursuant to 326 IAC 2-7-4, a timely
Part 70 application is one that is received within twelve (12) months after the
source becomes subject to the Part 70 permit program.
Respondent failed to submit a timely
Part 70 application, a violation of 326 IAC 2-7-4.
6.
Respondent applied for a Federally
Enforceable State Operating Permit on March 11, 2011
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 326 IAC 2-1.1.
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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Mary Kelley,
Compliance and Enforcement Manager |
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Compliance
and Enforcement Branch – Mail Code 61-53 |
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Indiana
Department of Environmental Management |
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100 North
Senate Avenue |
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Indianapolis,
IN 46204-2251 |
4.
Respondent agrees to pay avoided operating permit
fees in the amount of Nine Thousand Three Hundred Seventy Five Dollars
($9,375.00). Avoided operating permit fees are assessed for the period of May
2005 to May 2010, during which the Respondent was operating without the
required operating permit. Said fee amount shall be due and payable to IDEM
within thirty (30) days of the Effective date.
5.
Operating permit fees are payable by check to
“IDEM”. A cover letter shall accompany the check specifying that the operating
permit fees shall be deposited into the Title V Investments 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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100 North
Senate Avenue |
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Indianapolis, IN 46204-2251 |
6.
In
the event that the monies due to IDEM pursuant to this Agreed Order are not
paid on or before their Due Date, Respondent shall pay interest on the unpaid
balance at the rate established by IC 24-4.6-1.
The interest shall be computed as having accrued from the Due Date until
the date that Respondent pays any unpaid balance. Such interest shall be payable to the
Environmental Management Special Fund, and shall be payable to IDEM in the manner
specified in Paragraph 5. above.
7.
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.
8.
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.
9.
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.
10.
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.
11.
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.
12.
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.
13.
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.
14.
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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PacMoore Process Technologies |
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By: |
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By: |
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Janusz
Johnson, Chief |
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Printed: |
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Compliance
and Enforcement Section 1 |
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Title: |
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Office
of Air Quality |
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Date: |
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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 OF |
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,
2011. |
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For
the Commissioner |
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Signed
on August 19, 2011 |
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Keith
Baugues, Assistant Commissioner |
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Office
of Air Quality |
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Indiana
Department of Environmental Management |
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