STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. AERO
METALS, 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 Aero Metals, Inc. (“Respondent”), which owns and operates the source with
Plant ID No. 091-00074, located at 1201 E Lincolnway, in LaPorte, LaPorte
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”) to:
Robert
Stowell, President |
Linda
Stowell, Registered Agent |
Aero
Metals, Inc. |
1201
E Lincolnway |
1201
E Lincolnway |
LaPorte, IN 46350 |
LaPorte,
IN 46350 |
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5.
Respondent
owns and operates a stationary steel/brass/copper/aluminum/iron investment
casting plant.
6.
During
an investigation including an inspection on July 16, 2013, conducted by a
representative of IDEM, the following violations were found:
a. Pursuant
to 326 IAC 5-1-2(1)(a) and Condition C.3(a) of Federally Enforceable State
Operating Permit
No. 091-30760-00074 (“Permit”), issued on February 21, 2012 Respondent shall
not exceed an average of forty percent (40%) opacity in any one (1) six (6)
minute averaging period.
Respondent had a six (6) minute average opacity of 72.5% from Unit SV-182,
exceeding the 40% opacity limit in LaPorte County, on July 16, 2013, in
violation of 326 IAC 5-1-2(1)(a) and Condition C.3 of the Permit.
b. Pursuant
to 326 IAC 2-8-10(b)(3) and Condition B.17 of the
Permit Respondent shall submit a request for an administrative amendment prior
to implementing changes to the source.
Respondent reconstructed and operated a total of 4 ceramic mold preheat ovens
in 3/14/2010, 3/26/2011, 9/30/2012, and 9/2/2013 without submitting a request
for an administrative amendment prior to implementing these changes to the
source, in violation of 326 IAC 2-8-10(b)(3) and Condition B.17 of the Permit.
7.
On
October 30, 2013 Respondent submitted a written ceramic mold preheat oven
procedures and the training record of those who were trained on those
procedures.
8.
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.
Pursuant
to air pollution Rules 326 IAC 5-1-2(1)(a), 326 IAC
2-8-10(b)(3) and Permit Conditions C.3 and B.17 Respondent shall not exceed
opacity or emissions limits and shall submit an appropriate application prior
to implementing changes to the source.
3.
Within
fifteen (15) days of the Effective Date, Respondent shall submit a written plan,
subject to IDEM approval, for conducting the continuous monitoring required
pursuant to Order Paragraph 4. The plan shall include: a description of the specifications
of the proposed non-EPA certified Continuous Opacity Monitor System (“COMS”) to
be used, and a description of the ovens and stacks to be monitored and all
associated product lines.
4.
Within
sixty (60) days of the Effective Date, Respondent shall provide a non-EPA
certified COMS, install, in accordance with the written plan submitted in
accordance with Order Paragraph 3, the COMS on each of the nine (9) stacks of
the available operable ceramic mold preheat ovens that are used during regular
operations, obtain ten (10) complete batch cycles worth of data, from each of
the nine (9) stacks, which shall include startup and shutdown, and rotate the
COMS on a three (3) day rotation schedule to the next stack.
5.
Respondent
shall, for each batch cycle, record the mold type used and the COMS data
generated. Respondent shall, within one day of completion of monitoring of each
stack, submit the COMS data and mold type information. Respondent shall, within
fifteen (15) days of completion of monitoring of all nine (9) stacks, submit an
analysis identifying molds or mold types that need redesigning to facilitate
more complete wax recovery, and a proposed schedule, subject to IDEM
approval, for correcting molds/mold types that are identified as creating
potential exceedances of the 40% opacity standard.
6.
Respondent
shall implement the corrective actions to facilitate more complete wax recovery
from the mold/ mold types that are identified as creating potential exceedances
of the 40% opacity standard, in accordance with the IDEM approved schedule.
7.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
Amanda
Kulpa, 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 |
8.
Respondent
is assessed and agrees to pay a civil penalty of Seven Thousand Eight Hundred
Twelve Dollars and Fifty Cents ($7,812.50).
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”.
9.
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 |
Stipulated
Penalty |
Order
Paragraph 3 (Failure to submit continuous opacity monitoring plan) Order Paragraph
4 (Failure to conduct required COMS monitoring) Order
Paragraph 5 (Failure to record or report required data) Order
Paragraph 6 (Failure to implement corrective action per approved schedule) |
Five
Hundred Dollars ($500) per day of operation Five
Hundred Dollars ($500) per day of operation Five
Hundred Dollars ($500) per day of operation Five
Hundred Dollars ($500) per day of operation |
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10.
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.
11.
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 |
Office
of Legal Counsel |
IGCN,
Rm N1307 |
100
North Senate Avenue |
Indianapolis,
IN 46204-2251 |
12.
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 their status or responsibilities
under this Agreed Order.
13.
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 11, above.
14.
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.
15.
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.
16.
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 their
obligation to comply with the requirements of their applicable permit or any
applicable Federal or State law or regulation.
17.
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.
18.
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.
19.
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.
20.
This
Agreed Order shall remain in effect until such time that IDEM issues a
Resolution of Case letter to Respondent.
TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Aero Metals, Inc. |
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By: |
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By: |
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Rick
Massoels Deputy Director |
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Printed: |
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Northwest
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COUNSEL
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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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2015. |
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For
the Commissioner |
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Signed
on August 5, 2015 |
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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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