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.

C & D TECHNOLOGIES, INC,

Respondent.

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Case No. 2013-21572-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 C & D Technologies, Inc (“Respondent”), which owns and operates the facility with Plant ID No. 045-00008, located at 200 West Main Street, in Attica, Fountain 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 David Treadwell, CEO, C & D Technologies, Inc, Blue Bell, PA 19422, and Corporation Service Co., Registered Agent, 251 East Ohio St, Suite 500, Indianapolis, IN 46204.

 

5.            Respondent’s business is a custom industrial battery manufacturer.

 

6.            During an investigation conducted by a representative of IDEM, the following violations were found:

 

a.            Pursuant to 326 IAC 2-8-11.1 and FESOP Permit No. 045-19413-00008 (the “Permit”), issued to Respondent on July 9, 2010, conditions B.18 and B.20, Respondent is required to submit a permit application prior to the construction of any emissions units.

Respondent constructed two shot blast units, September 2011, with unpermitted emissions, in violation of 326 IAC 2-8-11.1 and the Permit, conditions B.18 and B.20.

b.            Pursuant to 326 IAC 2-7-10.5 and the Permit, conditions B.18 and B.20, Respondent is required to submit a permit application prior to the operation of any emissions units.

Respondent operated two shot blast units, beginning in October 2011, with unpermitted emissions, in violation of 326 IAC 2-7-10.5 and the Permit, conditions B.18 and B.20.

 

c.            Pursuant to the Permit, condition D1.10, Respondent is required to conduct a stack test on one of the stacks in group 1 until each stack in the group has been tested with each test being conducted within two and one half (2.5) years of the most recent valid compliance demonstration. 

Respondent conducted a stack test on one of these units on October 29, 2008, which required the test on the next stack in group 1 to occur on March 29, 2011. However, the test was conducted on June 23, 2011 which is three months late, in violation of the Permit, condition D1.10.

 

d.            Pursuant to 326 IAC 3-6-2(a) and the  Permit, condition C.10, Respondent is required to submit a test protocol form, no later than thirty-five (35) days prior to the intended test date unless more notice is required under the applicable program. A stack test was conducted on September 27, 2012 for the Paste Mixing System, EU 0300C, and the protocol was not received by the Compliance Data section.

Respondent conducted a stack test without submitting a test protocol form no later than thirty-five (35) days prior to the test date, in violation of 326 IAC 3-6-2(a) and the Permit, condition C.10.

 

7.            Respondent submitted a permit application addressing the unpermitted units on December 14, 2012.

 

8.            Respondent conducted the stack test for the group 1 stack on June 23, 2011.

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 326 IAC 2-8-11.1, 326 IAC 2-7-10.5, 326 IAC 3-6-2(a), and Permit F045-19143-00008, conditions B.18, B.20, C.10 and D.1.10.

 

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

 

Lisa Hayhurst, 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 Ten Thousand Two Hundred Dollars ($10,200.00).  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 he/she/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 5, 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 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.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

C & D Technologies, 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

 

, 2013.

 

 

For the Commissioner

 

 

 

Signed on October 10, 2013

 

Keith Baugues, Assistant Commissioner

 

Office of Air Quality

 

Indiana Department of Environmental Management