STATE OF INDIANA |
) |
|
BEFORE THE
INDIANA DEPARTMENT |
||
|
|||||
COMMISSIONER
OF THE DEPARTMENT Complainant, v. SUMMIT,
INC., Respondent. |
) |
|
|||
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 Summit, Inc. (“Respondent”), which owns\operates a source with Plant ID No.
089-00529, located at 6901 West Chicago Ave, in Gary, Lake 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:
Peter
Coulopoulos |
Owner
and Operator |
Summit,
Inc. |
6901
W. Chicago Avenue |
Gary,
IN 46406 |
5.
Respondent
owns and operates a stationary scrap metal recycling plant.
6.
During
an investigation, including an inspection on July 15 and 23, 2014, conducted by
a representative of IDEM, the following violations were found:
a.
Pursuant
to Condition D.1.6 of Federally Enforceable State Operating Permit (FESOP) No.
089-32609-00529 (“Current Permit”), issued on July 22, 2013, visible emission
notations of the Z-Box cleaning system stack exhaust (S001) shall be performed
once per day during normal daylight operations, and a trained employee shall
record whether emissions are normal or abnormal.
Pursuant
to Condition D.1.9 of the Current Permit, to document compliance with Condition
D.1.6, daily records of the visible emission notations of the Z-Box cleaning
system stack exhaust shall be maintained.
Respondent failed to take, record and/or maintain
records of visible emission notations from July 22, 2013 through June 1, 2014
and during 24 other days throughout 2014, in violation of Permit Conditions
D.1.6 and D.1.9 of the Current Permit.
b.
Pursuant
to Permit Condition D.1.6 of Minor Source Operating Permit (MSOP) No.
089-25273-00529 (“Initial Permit”), issued on December 20, 2007, visible
emission notations of the Z-Box cleaning system stack exhaust (S001), shall be
performed once per day during normal daylight operations, and a trained
employee shall record whether emissions are normal or abnormal.
Pursuant
to Condition D.1.9 of the Initial Permit, to document compliance with Condition
D.1.6, daily records of the visible emission notations of the Z-Box cleaning
system stack exhaust shall be maintained.
Respondent
failed to take, record and/or maintain records of
visible emission notations from January 12, 2013 through July 21, 2013 and
during 205 other days throughout 2011 and 2012, in violation of Permit
Conditions D.1.6 and D.1.9 of the Initial Permit.
c. Pursuant
to 326 IAC 2-7-2, Respondent shall obtain a Part 70 Permit when the potential
to emit of all Hazardous Air Pollutants (HAP) combined is equal to or greater
than 25 tons per year, prior to operating the facility.
Respondent operated the vehicle/metal shredder, Z-Box cleaning system, and the
conveyor system from November 2011 to July 21, 2013, without first obtaining a
Part 70 Permit, which resulted in a combined HAP potential to emit of equal to
or greater than 25 tons per year, in violation of 326 IAC 2-7-2.
7.
Respondent
was issued a Federally Enforceable State Operating Permit on July 22, 2013,
properly permitting the emission units.
8.
Subsequent
to the July 15 and July 23, 2014 IDEM inspection, Respondent began taking,
recording, and maintaining records of visible emission notations, as required.
Additionally, Respondent has instituted standard operating procedures regarding
the taking, recording, and maintaining records of visible emission notations,
and on December 22, 2014, submitted documentation to IDEM confirming that
employees have been trained on this standard operating procedure.
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 Conditions D.1.6
and D.1.9 of the Current Permit, and 326 IAC 2-7-2.
3.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
Amanda
Hinkel, 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 Fifty
Dollars ($10,250.00). The civil penalty
shall be paid in the following manner: eleven (11) equal payments of Eight
Hundred Fifty-Four Dollars ($854.00) each and one (1) final payment of Eight
Hundred Fifty-Six Dollars ($856.00). The first installment of the 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”. Each subsequent payment shall be due within 30 days of the due
date of the previous payment.
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:
IDEM Office
of Legal Counsel |
IGCN,
Rm N1307 |
100 N
Senate Ave |
Indianapolis,
IN 46204 |
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 their
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 their 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 |
|
Summit, Inc. |
|||||
|
|
|
|||||
By: |
|
|
By: |
|
|||
|
Rick
Massoels, Deputy Director |
|
Printed: |
|
|||
|
Northwest
Regional Office |
|
Title: |
|
|||
|
|
|
|
|
|||
Date: |
|
|
Date: |
|
|||
|
|
|
|
|
|||
|
|
|
|||||
|
|
COUNSEL
FOR RESPONDENT: |
|||||
|
|
|
|||||
|
|
|
|||||
|
|
|
By: |
|
|||
|
|
|
|
|
|||
|
|
|
|
|
|||
|
|
|
Date: |
|
|||
|
|
|
|
|
|||
APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
|||||||
MANAGEMENT THIS |
|
DAY OF |
|
,
2016. |
|||
|
|||||||
|
For
the Commissioner |
||||||
|
|
||||||
|
Signed
on February 8, 2016 |
||||||
|
Keith
Baugues, Assistant Commissioner |
||||||
|
Office
of Air Quality |
||||||
|
Indiana
Department of Environmental Management |
||||||