STATE
OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. MONOSOL, LLC, 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 MonoSol, LLC (“Respondent”), which owns/operates the source with Plant ID
No. 127-00100, located at 1701 County Line Road, in Portage, Porter County,
Indiana (“Site”).
3.
IDEM
has jurisdiction over the parties and the subject matter of this action.
4.
Respondent
waives issuance of a Notice of Violation and to the settlement period of sixty
(60) days as provided for by IC 13-30-3-3.
5.
Respondent
owns and operates a stationary Polyvinyl Alcohol (PVOH) film manufacturing
plant.
6.
During
a self disclosure report review conducted by a representative of IDEM, the
following violations were found:
a.
Pursuant
to 326 IAC 2-7, Respondent shall submit a complete and accurate Part 70 permit application,
and receive a proper permit prior to operating emission units.
Respondent provided inaccurate unit description information on the Part 70
operating permit application, indicating Boiler #1 and Boiler #2 being
insignificant units and having a maximum heat input rating of 8.36 MMBtu/hr,
when in actuality, both Boilers are classified as significant emission sources
having maximum heat input ratings of 10.46 MMBtu/hr, in
violation of Rule 326 IAC 2-7.
b.
Pursuant
to 40 CFR 60.48c, Respondent shall submit a notification of the date of construction
or reconstruction, actual startup, the design heat input capacity,
identification of fuels to be combusted, a copy of any federally enforceable
requirement that limits the annual capacity factor for any fuel or mixture of
fuels, the anticipated operating annual capacity factor based on all fuels
fired and based on each individual fuel fired, and a notification if an
emerging technology will be used for controlling SO2 emissions, for all
Small Industrial-Commercial-Institutional Steam Generating Classified Units.
Respondent failed to submit all
required notifications upon startup of all Small
Industrial-Commercial-Institutional Steam Generating Units, Boiler #1 in 2000
and Boiler #2 in 2001, in violation of 40 CFR 60.48c.
7.
Source
applied for a permit modification (127-33285-00100) on May 31, 2013 and the
draft is currently undergoing review with the corrections made to the
descriptions of Boiler #1 and Boiler #2 classifying them as significant units.
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 Rule 326 IAC 2-7, Respondent
shall submit a complete
and accurate Part 70 permit application, and receive a proper permit prior to
operating emission units.
3.
Within
thirty (30) days of Effective Date, Respondent shall submit all required
notifications of any Small Industrial-Commercial-Institutional Steam Generating
Units, specifically, Boiler #1 and Boiler #2, in accordance with 40 CFR 60.48c.
4.
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 |
5.
Respondent
is assessed and agrees to pay a civil penalty of Six Thousand Five Hundred Sixty
Two Dollars and Fifty Cents ($6,562.50). 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”.
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 |
Stipulated
Penalty |
Order
Paragraph 3 (failure to submit notification) |
One Hundred
Dollars ($100.00) per 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 their
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 4, 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 their
obligation to comply with the requirements of their 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[s] 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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MonoSol, LLC |
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By: |
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By: |
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J.
Robert Simmons |
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Printed: |
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Deputy
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Northwest
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COUNSEL
FOR RESPONDENT: |
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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 December 19, 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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