STATE
OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. INTAT PRECISION, INC., 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 INTAT Precision, Inc. (“Respondent”), which owns/operates a stationary gray
and ductile iron foundry with Plant ID No. 139-00011, located at 2148 State
Road 3 North, in Rushville, Rush 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:
Mr. Yoshiharu Inoue, President |
The Prentice-Hall Corporation
System, Inc. |
INTAT Precision, Inc. |
Registered Agent for INTAT
Precision, Inc |
2148 State Road 3 North |
251 East Ohio Street, Suite 500 |
P. O. Box 488 |
Indianapolis, IN 46204 |
Rushville, IN 46173 |
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5.
During
an investigation conducted by a representative of IDEM, the following
violations were found:
a.
Pursuant
to Condition D.3.1
(b) and Significant
Permit Modification (SPM) No. T139-30099-00011, the PM/PM10 emissions from Baghouse 6030 (BH6030)
shall be limited to 1.45 pounds per ton (lbs/ton).
Respondent conducted compliance testing on April 5, 2011
on the BH6030 which demonstrated PM/PM10 emissions of 5.46 lbs/ton of material,
in violation of condition D.3.1 (b) of SPM No. T139-30099-00011.
b.
Pursuant to Condition C.16 (a) of SPM No.
T139-30099-00011, a description of the response actions related to
noncompliance demonstrated by a stack test shall be submitted to IDEM, Office
of Air Quality (“OAQ”) no later than seventy-five (75) days after the date of
the test.
Respondent provided evidence of submittal of a
description of its response actions to IDEM, OAQ within seventy-five (75) days
of the test date, in accordance with permit condition C.16 (a) of SPM No. T139-30099-00011. Therefore, no violation of this condition
occurred.
c.
Pursuant to Condition C.16 (b) of SPM No.
T139-30099-00011, a retest to demonstrate actions related to noncompliance
demonstrated by a stack test shall be performed no later than one hundred
eighty (180) days after the date of the test.
Respondent conducted the retest one
hundred eighty-four (184) days after the date of the test, with approval from a
representative of OAQ. This satisfies the requirements of C.16 (b) of SPM No. T139-30099-00011. Therefore, no violation of this condition
occurred.
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.3.1 (b) of SPM No. T139-30099-00011.
3.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
Sarah
Lachenman, Compliance and Enforcement Manager |
Compliance
and Enforcement Branch – Mail Code 61-53 |
Indiana
Department of Environmental Management |
100
North Senate Avenue |
Indianapolis,
IN 46204-2251 |
4.
Respondent
is assessed and agrees to pay a civil penalty of Eight Thousand Seven Hundred
Fifty Dollars ($8,750.00). 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 and shall be mailed to:
Indiana
Department of Environmental Management |
Cashier
– Mail Code 50-10C |
100
North Senate Avenue |
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.
TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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INTAT Precision, Inc. |
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By: |
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By: |
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Craig
Henry, 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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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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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 April 10, 2012 |
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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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