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STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. HARRIS
STONE SERVICE, INCORPORATED, 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 Harris Stone Service, Incorporated (“Respondent”), owns and operates the
source with Plant ID No. 133-00011, located at 5588 North County Road 50 East,
in Bainbridge, Putnam 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”) in conjunction with
this Agreed Order via Certified Mail to William H. Davies, Jr., President and Kenneth R.
Davies, Registered Agent.
5.
Respondent
owns and operates a crushed stone operation.
6.
During
an investigation including an inspection on October 29, 2014 conducted by a
representative of IDEM, the following violations were found:
a.
Pursuant
to Source Specific Operating Agreement (“SSOA”) No. S133-7982-00011 (the
“Permit”), Condition A.4, the crushing, screening and conveying operations
shall be equipped with dust collectors, unless a wet or continuous wet
suppression system is used to comply with conditions 6 and 7 of the Permit.
Respondent failed to equip the crushing, screening and conveying operations
with dust collectors, wet or continuous wet suppression, in violation of 326
Indiana Administrative Code (“IAC”) 2-9-8(b)(4)(C) and Permit Condition A.4.
b.
Pursuant
to Permit Condition A.6, the visible emissions from the screening and conveying
operation shall not exceed an average of ten percent (10%) opacity in
twenty-four (24) consecutive readings in a six (6) minute period. Compliance with this limitation shall be
determined by 40 CFR 60, Appendix A, Method 9.
On October 29, 2014, Respondent exceeded an average of ten percent (10%)
opacity in twenty-four (24) consecutive readings in a six (6) minute period
from the screening operation as determined using 40 CFR 60, Appendix A, Method
9, in violation of 326 IAC 2-9-8(b)(4)(E) and Permit Condition A.6.
c.
Pursuant
to Permit Condition A.7, the visible emissions from the crushing operation
shall not exceed an average of fifteen percent (15%) opacity in twenty-four
(24) consecutive readings in a six (6) minute period. Compliance with this limitation shall be
determined by 40 CFR 60, Appendix A, Method 9
On October 29, 2014, Respondent exceeded an average of fifteen percent (15%)
opacity in twenty-four (24) consecutive readings in a six (6) minute period
from the crushing operation as determined using 40 CFR 60, Appendix A, Method
9, in violation of 326 IAC 2-9-8(b)(4)(E) and Permit
Condition A.7.
d.
Pursuant
to Permit Condition B.1, the source shall provide an annual notice to the
commissioner, stating that the source is in operation, and certifying that its
operations are in compliance with the requirements of the SSOA. The annual notification shall be submitted no
later than January 30 of each year.
Respondent failed to submit the annual notice to the commissioner, stating that
the source is in operation, and certifying that its operations are in
compliance with the requirement of the Permit for calendar years 2012 and 2013,
in violation of Permit Condition B.1.
These notices were due no later than January 30, 2013 and January 30,
2014, respectively.
e.
Pursuant
to 326 IAC 2-1.1-2(a), no person shall construct, operate, or modify a source
or emissions unit required to obtain a permit prior to issuance of a permit.
Respondent failed to obtain the proper operating permit prior to installing and
operating a 1,400 horsepower diesel-fired, non-emergency generator, in
violation of 326 IAC 2-1.1 and 326 IAC 2-7.
7.
On
December 9, 1996, IDEM received a Part 70 Transition Application from
Respondent for a diesel-fired electricity generator. This permit application requested IDEM issue
an internal combustion engine SSOA for the source.
8.
On
January 26, 2015, IDEM received the calendar year 2012 and 2013 annual notices
for the Respondent and engine diesel fuel usage for calendar year 2013 and
2014.
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 rules and permit conditions listed above at issue.
3.
Within
thirty (30) days of the Effective Date, Respondent shall submit a permit
application for the 1,400 horsepower diesel-fired, non-emergency
generator. The permit application shall
be sent to:
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Indiana
Department of Environmental Management |
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Permit
Administration and Support Section, Office of Air Quality |
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100
North Senate Avenue |
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MC
61-53 IGCN 1003 |
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Indianapolis,
IN 46204-2251 |
4.
Within
sixty (60) days of the Effective Date, Respondent shall comply with 326 IAC
2-9-8(b)(4)(C) and Permit Condition A.4. Specifically, Respondent shall equip and
operate the crushing, screening and conveying operations with dust collectors
or a wet or continuous wet suppression system.
Wet suppression system is defined in 326 IAC 2-9-8(a)(4) and means dust
control devices in a pit and quarry operation that use a pressurized liquid,
either water or water with a small amount of surfactant, for the controlled
reduction or elimination of airborne dust or the suppression of such dust at
its source.
5.
Within
ninety (90) days of the Effective Date, Respondent shall submit a compliance
status report to IDEM. The compliance
status report shall include a certification from a responsible official stating
the crushing, screening and conveying operations have been equipped with and
are operating dust collectors or a wet or continuous wet suppression system as
required to comply with 326 IAC 2-9-8(b)(4)(C).
This compliance status report shall be sent to:
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Brooke
A. Myer, Compliance and Enforcement Manager |
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Compliance
and Enforcement Branch – Mail Code 61-53 |
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Indiana
Department of Environmental Management |
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100
North Senate Avenue |
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Indianapolis,
IN 46204-2251 |
6.
Respondent
is assessed and agrees to pay a civil penalty of Eleven Thousand Nine Hundred Dollars
($11,900.00). Said penalty amount shall
be due and payable to the Environmental Management Special within thirty (30)
days of the Effective Date; the 30th day being the “Due Date”.
7.
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:
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Paragraph |
Violation |
Stipulated
Penalty |
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3 |
Submit
permit application for diesel-fired, non-emergency generator. |
$250/week |
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4 |
Equip and operate the crushing,
screening and conveying operations with a dust collector, wet or continuous
wet suppression system. |
$250/week |
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5 |
Submit the compliance status report. |
$250/week |
8.
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.
9.
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:
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Indiana
Department of Environmental Management |
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Office
of Legal Counsel |
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IGCN,
Rm N1307 |
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100
North Senate Avenue |
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Indianapolis,
IN 46204-2251 |
10.
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.
11.
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 9, above.
12.
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.
13.
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.
14.
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.
15.
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.
16.
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.
17.
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.
18.
This
Agreed Order shall remain in effect until IDEM issues a Resolution of Case
letter to Respondent.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Harris Stone Service, Incorporated |
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Janusz Johnson, Chief |
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Printed: |
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Compliance
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Office
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COUNSEL
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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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2015. |
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For
the Commissioner |
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Signed
on May 27, 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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