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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. NORTH VERNON INDUSTRY 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.
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 North Vernon Industry Corporation (“Respondent”), which owns/operates a stationary
gray iron foundry with Plant ID No. 079-00018, located at 3750 4th Street,
in North Vernon, Jennings 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”) via Certified Mail
to:
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Mr. Masahiko Kato, President |
Corinne R. Finnerty |
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North Vernon Industry Corporation |
Registered Agent for |
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780 West C.R. 350 North |
North Vernon Industry Corporation |
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North Vernon, IN 47265 |
38 North 5th Street |
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North Vernon, IN 46265 |
5.
During
an investigation conducted by a representative of IDEM, the following
violations were found:
a.
Pursuant
to rule 326 IAC 2-7-6(6) and Condition D.1.6 of Part 70 permit No. 079-29942-00018, to
comply with conditions D.1., D.1.2, and D.1.3, the baghouses for particulate
control shall be in operation and control emissions from the electric induction
furnaces, the mold sand handling operation and shakeout operations, the shot
blast machines, the core removal station, the pre-finish station, the coarse
grinding stations, the buffing station and final inspection buffing station at
all times that these facilities are in operation.
Respondent failed to control particulate emissions from baghouse 1 because it
was determined that a collection bag was not attached allowing fine dust to
spill, in violation of rule 326 IAC 2-7-6(6) and Condition
D.1.6 of Part 70 permit
No. 079-29942-00018.
b.
Pursuant
to rule 326 IAC 6-3-2(d) and Condition D.2.6 of Part 70 permit No.
079-29942-00018, particulate from the paint booths, P1-Paint Booth # 2 and
P1-Paint Booth # 3, shall be controlled by a dry particulate filter and the
Permittee shall operate the control device in accordance with manufacturer’s
specifications.
Respondent
failed to control particulate emissions from touch-up spray painting that was
observed being performed outside of the paint booths, in violation of rule 326 IAC
6-3-2(d) and Condition of D.2.6 of Part
70 permit No. 079-29942-00018.
c.
Pursuant
to Rule 326 IAC 8-3-2 and Condition D.5.1 of Part 70 permit No. 079-29942-00018, the degreaser cover shall be closed whenever parts are
not being handled in the cleaner.
Respondent failed to close the degreaser cover in the
maintenance shop when parts were not being handled in the cleaner, in violation
of Rule 326 IAC 8-3-2 and Condition D.5.1 of Part 70 permit No.
079-29942-00018.
d.
Pursuant
to Section E.2 of Part 70 permit No. 079-29942-00018 and National Emissions
Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area
Sources, 40 CFR 63.10896(a) permittee shall prepare a written operation and
maintenance (O&M) plan for each control device subject to a PM, metal HAP
or opacity emissions limit in 40 CFR 63.10896(a).
Respondent failed to have an O&M plan in place for
the stack P1B1 and P2B1 dust collectors, in violation of Section E.2 of Part 70
permit No. 079-29942-00018 and 40 CFR 63.10896(a).
6.
The
source has returned to compliance on all of the aforementioned violations,
providing documentation that the baghouse leak was fixed within twenty-four
hours of the inspection. The source
submitted documentation that procedures will be revised to prevent personnel
from painting outside of the paint booth.
Lastly, the source prepared an Operation & Maintenance Plan, dated
November 29, 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 Condition D.1.6, Condition D.2.6, Condition D.5.1 and Section
E.2, of Part 70 permit No. 079-29942-00018.
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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Bruce
Hamilton, 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
is assessed and agrees to pay a civil penalty of Eight Thousand Six Hundred
Dollars ($8,600.00). Said penalty amount
shall be due and payable to the Environmental Management Special Fund within thirty
(30) days of the Effective Date; the 30th day being the “Due Date”.
5.
Civil
penalties are payable by check to the “Environmental Management Special Fund.”
Checks shall include the Case Number of this action (#2011-20417-A) 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.
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 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 4, above.
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 its
obligation to comply with the requirements of its 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 violation 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 Respondent has complied with all
terms and conditions of this Agreed Order.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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North Vernon Industry Corporation |
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By: |
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By: |
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Mark
Amick, Deputy Director |
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Printed: |
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Southeast
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Title: |
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Office
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COUNSEL
FOR COMPLAINANT: |
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COUNSEL
FOR RESPONDENT: |
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For
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By: |
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Deputy
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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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,
2012. |
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For
the Commissioner |
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Signed
on May 15, 2012 |
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Keith
Baugues, Assistant Commissioner |
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Office
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Indiana
Department of Environmental Management |
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