STATE
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. JUPITER ALUMINUM 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 Jupiter Aluminum Corporation (“Respondent”), which owns and operates the stationary
secondary aluminum processing operation with Plant ID No. 089-00201, located at
1745 – 165th Street, in Hammond, Lake 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:
Dietrich
M. Gross, President |
Corporation
Service Company, Registered Agent |
Jupiter
Aluminum Corporation |
251
East Ohio Street |
4825
N. Scott Street Suite 200 |
Suite
500 |
Shiller Park, IL
60176 |
Indianapolis,
IN, 46204 |
5.
Respondent
waived issuance of a Notice of Violation and to the settlement period of sixty
(60) days as provided for by IC 13-30-3-3, for violations related to
monitoring/recordkeeping and Furnace 9 out of range static pressure readings
disclosed in Respondent’s third quarter 2012 deviation report and indicated
below in Finding of Fact paragraph number 6, items a., b., & e.
6.
During
an investigation conducted by a representative of IDEM, the following
violations were found:
a.
Pursuant
to 326 IAC 2-7-6 and Part 70 1st Renewal 089-15690-00201 (the
“Permit”) condition D.3.6(a), visible emission notations of the Hot Mill and
Cold Mill stack exhausts shall be performed once per day during normal daylight
operations when exhausting to the atmosphere.
Pursuant to Permit condition D.3.8(b), Permittee shall
maintain records of the daily visible emission notations of the Hot Mill and
Cold Mill stack exhausts.
Respondent failed to take, record and/or maintain visible emission notations
for the Hot and Cold Mill stack exhausts on certain days in 4th
quarter 2011 and 1st – 3rd quarter 2012, in violation of
326 IAC 2-7-6, Permit condition D.3.6(a), and Permit
condition D.3.8(b).
b.
Pursuant
to 326 IAC 2-7-6 and Permit condition D.3.7(a),
Permittee shall record the pressure drop across the oil mist collection filters
used in conjunction with the Hot and Cold Mills, at least once per day when the
mills are in operation.
Pursuant to Permit condition D.3.8(c), Permittee shall maintain records of the
daily pressure drop readings for the oil mist collection filters used in
conjunction with the Hot Mill and Cold Mill stack exhausts.
Respondent failed to take, record and/or maintain records the daily pressure
drop readings across the oil mist collection filters used in conjunction with
the Hot and Cold Mills on certain days in 4th quarter 2011 and 1st
– 3rd quarter 2012, in violation of 326 IAC 2-7-6, Permit condition D.3.7(a), and D.3.8(c).
c.
Pursuant
to 326 IAC 2-7-6 and Permit condition D.3.7(c), Permittee shall record the
outlet coolant temperature for the mill identified as HM-1, at least once per
day when the mills are in operation.
Respondent failed to take and/or record the outlet coolant temperature and/or
correct temperature for the mill identified as HM-1 in 3rd & 4th
quarter 2011 and 1st and 2nd quarter 2012, in violation
of 326 IAC 2-7-6 and Permit condition D.3.7(c).
d.
Pursuant
to 326 IAC 2-7-6 and Permit condition D.3.7(e),
Permittee shall maintain daily records of the percentage oil content of the
coolant in use at mill HM-1.
Respondent failed to log and/or maintain daily records of the percentage oil content of the coolant in use at mil HM-1 in 3rd
& 4th quarter 2011 and 1st quarter 2012, in violation
of 326 IAC 2-7-6 and Permit condition D.3.7(e).
e.
Pursuant
to Permit condition E.1 and 40 CFR 63.1506(p),per the Operation, Maintenance
and Monitoring (“OM&M”) plan, Permittee must take response steps to out of
range static pressure readings at the furnace 9 charge well and flue hoods.
Respondent failed to take response steps for out of range static pressure
readings at the furnace 9 charge well and flue hoods on certain days in the 1st
– 3rd quarter 2012, in violation of Permit condition E.1, and 40 CFR
63.1506(p).
7.
On
October 9, 2012, source submitted documentation supporting its continued
compliance with condition D.3.7(b) of the permit.
8.
On
October 9, 2012, source submitted revised deviation reports for 3rd
and 4th quarter 2011 and 1st and 2nd quarter
2012, to correct dates of non-compliance.
Source also submitted revised Baghouse Recordkeeping forms and response
steps for Furnace 9. Source also
indicated that it retrained supervisors in the recordkeeping forms.
9.
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 40 CFR 63 Subpart RRR and Part 70 Permit renewal
089-15690-00201.
3.
Within
thirty (30) days of the Effective Date, Respondent shall submit certified
documentation that supervisors received training on all compliance monitoring
and recordkeeping requirements of the Part 70 permit. Certified documentation shall include a list
of the staff who received said training and copies of training materials
used. For the purpose of this Agreed
Order, “supervisors” are those who conduct, or are likely to supervise one or
more employees who conduct, monitoring and/or recordkeeping required under the
Part 70 permit.
4.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
Matthew
Chaifetz, 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 Nine Thousand Dollars ($9,000.00). 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”.
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 |
Submit
certified list of supervisor training. |
$100/week or
part thereof |
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 IDEM issues a Resolution of Case
letter to Respondent.
TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
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Jupiter Aluminum Corporation |
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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
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COUNSEL
FOR IDEM: |
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COUNSEL
FOR RESPONDENT: |
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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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2013. |
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For
the Commissioner |
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Signed
on August 26, 2013 |
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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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