STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

DUBOSE STRAPPING, INC.,,

Respondent.

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Case No. 2011-20570-A

 

 

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 DuBose Strapping, Inc. (“Respondent”), which owns and operates the source with Plant ID No. 107-00063, located at 4414 East 400 South, in Crawfordsville, Montgomery 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 Paul Roddock and Charles H DuBose JR.

 

5.            The Respondent owns and operates a stationary metal strapping manufacturing operation, operated under MSOP 107-29378-00063 (the “Permit”).

 

6.            During an investigation including an inspection on March 21, 2011 conducted by a representative of IDEM, the following violations were found:

 

a)            Respondent owns and operates a source with Plant I.D. No. 107-00063 located at 4414 East 400 South in Crawfordsville, Montgomery county, Indiana (the “Site”), operated under MSOP 107-29378-00063 (the “Permit”).

 

b)            Pursuant to Conditions D.1.8 and D.1.10 of the Permit, the source must keep records consistent with the record keeping requirements of the NSPS for Metal Coil Surface Coating Requirements and 326 IAC 8-2-4.

Respondent did not keep adequate records to show compliance with the NSPS for Metal Coil Surface Coating Requirements, in violation of Conditions D.1.8 and D.1.10 of the Permit.

 

c)            Pursuant to Condition B.14 of the Permit, the source must submit for review any modification to the source.

Respondent constructed and operated one (1) 200,000 Btu/hr natural gas fired exothermic gas generator and two (2) organic solvent parts degreasers with a permit, in violation of Condition B.14 of the Permit.

 

d)            Pursuant to Condition D.1.10 of the Permit, the source shall submit an initial notification and either quarterly reports or semi-annual reports to the Administrator (IDEM) within thirty (30) days of the end of the reporting period.

Respondent did not submit the initial notification and either quarterly reports or semi-annual reports to the Administrator (IDEM) within thirty (30) days of the end of the reporting period, in violation of Condition D.1.10 of the Permit.

 

e)            Pursuant to Condition D.1.10 of the Permit, Condition D.1.10 requires each owner or operator subject to this subpart shall not cause to be discharged into the atmosphere more than 0.28 kilogram VOC per liter (kg VOC/l) of coating solids applied for each calendar month for each affected facility that does not use an emission control device(s).

Respondent exceeded the 0.28 kg VOC/l (2.337 lbs/gal) by emitting 4.96 lbs VOC/ gal for the month of May 2011, in violation of Condition D.1.10 of the Permit.

 

7.            On September 20, 2011, the Respondent submitted adequate records to show compliance with Permit Conditions D.1.8 and D.1.10 for the NSPS for Metal Coil Surface Coating Requirements.

 

8.            On October 18, 2011, the Respondent submitted a permit application for the inclusion of the unpermitted units.

 

9.            On January 18, 2012, the Respondent submitted the initial compliance report for the NSPS for Metal Coil Surface Coating Requirements.

 

10.         On January 23, 2012, the Respondent submitted the semi-annual report for the NSPS for Metal Coil Surface Coating Requirements for the second half of calendar year 2011.

11.         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 Conditions B.14, D.1.8, and D.1.10 of the Permit.

 

3.            Within 30 days of the Effective Date, Respondent shall submit the compliance option chosen and the associated records showing compliance with 326 IAC 8-2-4. These records shall start on the date a sample of the wax tank is taken or the date the tank was emptied and refilled with a known amount of virgin wax and solvent.

 

4.            All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

 

Robert Henry, 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

 

5.            Respondent is assessed and agrees to pay a civil penalty of eight thousand seven hundred fifty dollars ($8,750).  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”.

 

6.            In the event the terms and conditions of the following paragraphs are violated, Complainant may assess and Respondent shall pay a stipulated penalty in the following amount:

 

Paragraph

Violation

Stipulated Penalty

3

Failure to submit the compliance option chosen and the associated records showing compliance with 326 IAC 8-2-4 for the wax tank..

$100 per week

 

7.            Stipulated penalties shall be due and payable no later than the 30th day after Respondent receives written notice that Complainant has determined a stipulated penalty is due; the 30th day being the “Due Date”.  Complainant may notify Respondent at any time that a stipulated penalty is due.  Failure to notify Respondent in writing in a timely manner of a stipulated penalty assessment shall not waive Complainant’s right to collect such stipulated penalty or preclude Complainant from seeking additional relief against Respondent for violation of this Agreed Order.  Neither assessment nor payment of stipulated penalties shall preclude Complainant from seeking additional relief against Respondent for a violation of this Agreed Order; such additional relief includes any remedies or sanctions available pursuant to Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.

 

8.            Civil and stipulated 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

 

9.            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.

 

10.         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 8, above.

 

11.         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.

 

12.         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.

 

13.         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.

 

14.         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.

 

15.         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.

 

16.         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.

 

17.         This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

DuBose Strapping, Inc.

 

 

 

By:

 

 

By:

 

 

Janusz Johnson, Chief

 

Printed:

 

 

Compliance and Enforcement Section 1

 

Title:

 

 

Office of Air Quality

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

 

 

COUNSEL FOR RESPONDENT:

 

 

 

 

 

 

 

 

 

By:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2012.

 

 

For the Commissioner

 

 

 

Signed on May 23, 2012

 

Keith Baugues, Assistant Commissioner

 

Office of Air Quality

 

Indiana Department of Environmental Management