STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. HUHTAMAKI,
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 Huhtamaki, Inc. (“Respondent”), which owns and operates the stationary
flexographic printing and cutting source for sanitary paper food containers
with Plant ID No. 053-00054, located at 1629 S. Joaquin Drive, in Marion, Grant
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”) on December 4, 2014
via Certified Mail to Mr. Clay Dunn, President, Huhtamaki, Inc., 9201 Packaging
Drive, Desoto, KS 66018 and to National Registered Agents, Inc., Registered
Agent, 320 North Meridian Street, Indianapolis, IN
46204.
5.
Pursuant
to IC 13-30-3-3, IDEM issued an Amended NOV via Certified Mail to Mr. Clay
Dunn, President, Huhtamaki, Inc., 9201 Packaging Drive, Desoto, KS 66018 and to
National Registered Agents, Inc., Registered Agent, 150 West Market Street,
Suite 800, Indianapolis, IN 46204.
6.
During
an investigation conducted by a representative of IDEM, the following
violations were found:
a.
Pursuant
to 326 Indiana Administrative Code (“IAC”) 2-9-3(2)(A)
and Source Specific Operating Agreement No. S053-33289-00054 (“SSOA”) Condition
D.1, the total amount of volatile organic compound (“VOC”) and hazardous air
pollutant (“HAP”) delivered to all surface coating or graphic arts operations
at the source shall not exceed fifteen (15) pounds per day from surface coating
or graphic arts operations at sources located outside of Lake and Porter
counties.
On February 3, 2014, Respondent submitted a SSOA Annual Notification certifying
emissions exceeded the 15 pounds per day emission limitation on November 12 and
December 17, 2013, in violation of 326 IAC 2-9-3(2)(A) and SSOA Condition D.1.
b.
Pursuant
to 326 IAC 2-7-2, a major source may not operate prior to obtaining a Part
70/Title V Operating Permit (“TVOP”). Pursuant to 326 IAC 2-9-1(e) and SSOA
Condition B.10, before Respondent modifies its operations in such a way that it
will no longer comply with the applicable restrictions and conditions of the
SSOA, Respondent shall obtain the appropriate approval from IDEM, OAQ.
Respondent modified its operations by adding an auto-splicer in October 2013
prior to obtaining the appropriate approval from IDEM, OAQ, a TVOP, in
violation of 326 IAC 2-7-2, 326 IAC 2-9-1(e), and SSOA Condition B.10.
7.
On
July 17, 2014, IDEM, OAQ received a permit application submitted by Respondent
requesting to transition from a SSOA to a Federally Enforceable State Operating
Permit (“FESOP”).
8.
On
January 30, 2015, IDEM OAQ issued FESOP No. 053-34735-00054.
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 FESOP No. 053-34735-00054.
3.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
Brooke
A. Myer, 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 Seven Thousand Dollars ($7,000). 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 |
Office
of Legal Counsel |
IGCN,
Rm N1307 |
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 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: |
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RESPONDENT: |
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Department
of Environmental Management |
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Huhtamaki,
Inc. |
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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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Office
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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 March 23, 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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