STATE OF INDIANA |
) |
|
BEFORE THE
INDIANA DEPARTMENT |
||
|
|||||
COMMISSIONER
OF THE DEPARTMENT Complainant, v. ENTERPRISE
TERMINALS & STORAGE
LLC, 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 Enterprise Terminals & Storage LLC (“Respondent”), which owns and
operates the facility with Plant ID No. 071-00007, located at 10197 East County
Road 1000 North, in Seymour, Jackson 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”) via Certified Mail to:
Mr. Graham
Bacon |
CT
Corporation System |
Group
Senior Vice President |
150 West
Market Street |
Enterprise
Terminals & Storage LLC |
Suite 800 |
P.O. Box
4324 |
Indianapolis,
IN 46204 |
Houston, TX
72210 |
|
5.
Respondent
owns and operates a stationary refined petroleum pipeline terminal.
6.
During
an investigation conducted by a representative of IDEM, the following violations
were found:
a. Pursuant
to 326 IAC 2-5.1-3, no major source may be constructed prior to receiving an
air permit.
Respondent constructed one (1) underground propane storage cavern, identified
as Cavern 3, using a flare as control, a Part 70 major source for volatile
organic compounds (VOCs), prior to receiving an air permit, in violation of 326
IAC 2-5.1-3.
b. Pursuant
to 326 IAC 2-7-2, no major source shall operate without a Title V permit.
Respondent
operated one (1) underground propane storage cavern, identified as Cavern 3,
using a flare as control, a Part 70 major source for VOCs, prior
to receiving an air permit, in violation of 326 IAC 2-7-2.
c.
Pursuant
to 326 IAC 8-1-6, new facilities that have potential emissions of 25 tons or
more per year shall reduce VOC emissions using best available control
technology (BACT).
Respondent
failed to develop and implement a BACT prior to the construction and operation
of Cavern 3, in violation of 326 IAC 8-1-6.
7.
Respondent
was issued a Federally Enforceable State Operating Permit (071-34698-00007) on
November 5, 2014, which includes Cavern 3.
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.
Respondent
shall comply with 326 IAC 2-5.1-3, 326 IAC 2-7-2, and 326 IAC 8-1-6.
3.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
Angie
Willoughby, Compliance and Enforcement Manager |
Indiana
Department of Environmental Management |
Southeast
Regional Office |
820
Sweet Street |
Brownstown,
IN 47220 |
4.
Respondent
is assessed and agrees to pay a civil penalty of Eleven Thousand Two Hundred
Fifty Dollars ($11,250.00). 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 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: |
|
RESPONDENT: |
|||||
Department
of Environmental Management |
|
Enterprise Terminals & Storage LLC |
|||||
|
|
|
|||||
By: |
|
|
By: |
|
|||
|
Mark
A. Amick, Deputy Director |
|
Printed: |
|
|||
|
Southeast
Regional Office |
|
Title: |
|
|||
|
Indiana Department of Environmental Management |
|
|
|
|||
Date: |
|
|
Date: |
|
|||
|
|
|
|
|
|||
|
|
|
|||||
|
|
COUNSEL
FOR RESPONDENT: |
|||||
|
|
|
|||||
|
|
|
|||||
|
|
|
By: |
|
|||
|
|
|
|
|
|||
|
|
|
|
|
|||
|
|
|
Date: |
|
|||
|
|
|
|
|
|||
APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
|||||||
MANAGEMENT THIS |
|
DAY OF |
|
,
2015. |
|||
|
|||||||
|
For
the Commissioner |
||||||
|
|
||||||
|
Signed
on December 30, 2015 |
||||||
|
Keith
Baugues, Assistant Commissioner |
||||||
|
Office
of Air Quality |
||||||
|
Indiana
Department of Environmental Management |
||||||