STATE OF INDIANA

COUNTY OF MARION

)
)
)


SS:

BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

WAUPACA FOUNDRY, INC.,

Respondent.

)
)
)
)
)
)
)
)
)
)






Case No. 2015-22902-A

 

 

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 Waupaca Foundry, Inc.(“Respondent”), which owns and operates the stationary gray and ductile iron foundry with Plant ID No. 123-00019, located at 9856 State Highway 66, in Tell City, Perry 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”) dated February 10, 2016, by Certified Mail to:

 

Gary Gigante, President

Corporation Service Company, Registered Agent

Waupaca Foundry, Inc.

251 East Ohio Street

1955 Brunner Drive

Suite 500

Waupaca, WI 54981

Indianapolis, IN 46204

 

5.             During an investigation conducted by representatives of IDEM, the following violations were found:

 

a.       Pursuant to Part 70 Permit 123-33768-00019 (“Permit”) Condition D.3.1(a), the PM emissions from Stack S-15 shall not exceed 0.005 gr/dscf and 30.9 lb/hr.

Based on a stack tests conducted on October 2, 2014, Respondent exceeded the 0.005 gr/dscf permitted emission limit, in violation of Permit Condition D.3.1(a).

Based on a stack tests conducted on March 18 & 19, 2015, Respondent exceeded both the 0.005 gr/dscf and 30.9 lb/hr permitted emission limits, in violation of Permit Condition D.3.1(a).

 

b.       Pursuant to Permit Condition D.5.3(a), the lead (Pb) emissions from Baghouse C44 shall not exceed 0.00004 lb/hr.

Based on a stack test conducted on October 7, 2014, Respondent exceeded 0.00004 lb/hr permitted emission limit, in violation of Permit Condition D.5.3(a).

6.             IDEM issued an Enforcement Letter Dated March 12, 2015, alleging there may have also been exceedances of the SO2 and NOx emissions standards.  Subsequent testing in March 2015 and July 2015 showed compliance with applicable emission limits.

 

7.             On June 22, 2015, Respondent submitted a permit application to modify the limit for lead and beryllium because the limits in the Permit did not account for all processes that exhausted to Baghouse C44. IDEM issued a Significant Permit Modification 123-35981-00019 on February 15, 2016, which revised both the lead and beryllium limits to account for all processes that exhaust to Baghouse C44.  Lead emissions observed in the October 7, 2014 stack test were below the revised lead limit that accounts for all processes that exhaust to Baghouse C44.

 

8.             Following the October 2, 2014 stack test, Respondent indicates that it repaired components of its dust collection system.  Following the March 2015 stack test, Respondent represents that it updated its dust collector monitoring and maintenance program.  On July 30, 2015, Respondent conducted a compliant stack test for PM.

 

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 Part 70 Permit 123-35981-00019 unless superseded by an amendment, modification or renewal.

 

3.             All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

 

Matthew Chaifetz, 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 Twenty Thousand Dollars ($20,000.00).  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:

 

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 his/her/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 Findings of Fact of this Agreed Order, the Enforcement Action Letters dated March 12, 2015 and April 17, 2015 or 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

 

Waupaca Foundry, Inc.

 

 

 

By:

 

 

By:

 

 

Janusz Johnson, Chief

 

Printed:

 

 

Compliance and Enforcement Section 1

 

Title:

 

 

Office of Air Quality

 

 

 

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 April 19, 2016

 

Keith Baugues, Assistant Commissioner

 

Office of Air Quality

 

Indiana Department of Environmental Management