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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. PARKVIEW
HOSPITAL, 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 Parkview Hospital, Inc. (“Respondent”),
which owns and operates the medical waste incinerator with Plant I.D. No. 003-00272,
located at 2200 Randallia Drive, Fort Wayne, Allen
County, Indiana (the "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 February 19, 2016 via Certified Mail to:
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Mr.
Mike Packnett, CEO |
Mr.
David Storey, Registered Agent |
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Parkview
Hospital, Inc. |
Parkview
Hospital, Inc. |
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10501
Corporate Drive |
10501
Corporate Drive |
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Fort
Wayne, IN 46845 |
Fort
Wayne, IN 46845 |
5.
During an investigation, including an
inspection on April 21, 2015, conducted
by a representative of IDEM, the following violations were found:
a.
Pursuant to condition D.1.8 (Compliance,
Performance Testing) of Part 70 permit No. 31889, performance tests shall be
conducted and compliance shall be determined in accordance with the test
methods and procedures found in 40 CFR 60.56c, Subpart Ec
as amended at 74 FR 51409, October 6, 2009.
Pursuant to condition D.1.9
(Compliance Date) of Part 70 permit No. 31889, the owner or operator of
Hospital/Medical/Infectious Waste Incinerators (HMIWI) shall install the
necessary air pollution control equipment and be in compliance to meet the
emission limits in condition D.1.4 (Hospital/Medical/Infectious Waste
Incinerators) no later than October 6, 2014.
Respondent failed to perform a compliance stack test of CO, Cd, D/F, HCl, Hg, Opacity, PM, Pb, and SO2
for the HMIWI by October 6, 2014, in violation of permit conditions D.1.8
(Compliance, Performance Testing) and D.1.9 (Compliance Date) of Part 70 permit
No. 31889.
b.
Pursuant to condition D.1.4
(Hospital/Medical/Infectious Waste Incinerators) of Part 70 permit No. 31889,
the source shall not exceed the emission limits specified in 40 CFR 60, Subpart
Ce, Table 1b as added at 74 FR 51405, October 6, 2009, and 40 CFR 60.52c(b)(2),
Subpart EC as amended at 74 FR 51409, October 6, 2009.
Pursuant to condition E.1.2 Emission
Guidelines and Compliance Times for Hospital/Medical/Infectious Waste
Incinerators NSPS Requirements of Part 70 permit No. 31889, the source shall
comply with 40 CFR 60.32e Table 1B emission limits for Medium HMIWI.
Respondent exceeded dioxins/furans
("D/F") emission limits on October 8, 2015, in violation of permit
conditions D.1.4 Hospital/Medical/Infectious Waste Incinerators and E.1.2 Emission Guidelines
and Compliance Times for Hospital/Medical/Infectious Waste Incinerators NSPS
Requirements of Part 70 permit No. 31889.
6.
Respondent reports that it ceased regular
operations of the incinerator on April 20, 2015, and ceased all operations of
the incinerator on January 21, 2016.
7.
On April 25, 2016, Respondent requested an
amendment to its permit to remove the medical waste incinerator and all air
pollution control devices associated with it.
IDEM approved the Administrative Amendment on June 21, 2016. Respondent has decommissioned and removed the
incinerator.
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.
When Respondent submitted deviation reports
and its annual Compliance Certification for 2014 and 2015 it did not list the
violations identified in the Notice of Violation issued to Respondent on
February 19, 2016, Case No. 2015-23232-A.
Complainant agrees that as part of this settlement, Respondent does not
need to submit amended versions of these reports and certifications, and this
Agreed Order resolves any violations that could have been brought against Respondent
related to the failure to include the violations identified in this case in
these reports and certifications.
3.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
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Patrick
Burton, 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 |
4.
Respondent is assessed and agrees to pay a
civil penalty of Seventy-One Thousand Five Hundred Dollars ($71,500). Within thirty (30) days of the Effective Date
of the Agreed Order, Respondent shall pay a portion of this penalty in the
amount of Seventeen Thousand Eight Hundred and Seventy-Five Dollars
($17,875). Said penalty amount shall be
due and payable to the Environmental Management Special Fund; the 30th
day being the “Due Date”. In lieu of
payment to IDEM of the remaining civil penalty, Respondent shall make a cash
payment to the Indiana Finance Authority (“IFA”) to fund a Supplemental
Environmental Project (“SEP”) of activities related to brownfield redevelopment
at a brownfield site (“Brownfield Site”) in downtown Fort Wayne, Indiana. Respondent will make a payment in the amount
of Fifty-Three Thousand Six Hundred and Twenty-Five Dollars ($53,625) to fund
SEP activities at the Brownfield Site.
Respondent shall make such payment to the IFA within thirty (30) days of
the Effective Date of this Agreed Order.
Payment to the IFA satisfies Respondent’s obligation to undertake a SEP
to offset a portion of the civil penalty assessed in this matter. Implementation of this SEP will benefit the
community by rejuvenating downtown Fort Wayne neighborhoods, increasing tax
base, mitigating threats to human health and the environment and/or reducing
blight.
The Brownfield Site at which the SEP proceeds
will be spent will be agreed upon among the Complainant, Respondent, the City
of Fort Wayne, and the IFA, and will be subject to final approval by the
Brownfields Program. The IFA will
account for the SEP payment in a Brownfield Site and/or community-specific
account and will require the City of Fort Wayne to execute a financial
assistance agreement with the IFA, under which the Brownfields Program will
oversee the work undertaken at the Brownfield Site funded by SEP proceeds. The IFA will notify IDEM’s
Compliance/Enforcement Manager when SEP-funded activities at the Brownfield
Site are complete.
In the event that Respondent does not
make its SEP payment within thirty (30) days of the Effective Date of this
Agreed Order, the full amount of the civil penalty as stated in this paragraph,
plus interest established by IC-24-4.6-1-101 on the remaining amount, less the portion
of the civil penalty Respondent has already paid, will be due to IDEM within fifteen
(15) days from Respondent’s receipt of IDEM’s notice to pay. Interest, at the rate established by IC 24-4.6-1-101,
shall be calculated on the amount due from the date which is thirty (30) days
after the Effective Date of this Agreed Order until the full civil penalty is paid.
Payment for the SEP is payable by
check to the “Indiana Finance Authority.”
The text “SEP-City of Fort Wayne” and the Case Number of this action
shall be included in the memo line of the check. The check shall be mailed to:
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Andrea Robertson |
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Indiana Brownfields Program – SEP |
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100 N. Senate Avenue |
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Room 1275 |
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Indianapolis, IN 46204 |
Respondent shall provide Complainant
with documentation of payment to the Indiana Finance Authority within one (1)
week of such 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:
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IDEM
Office of Legal Counsel |
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IGCN,
Rm N1307 |
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100
N Senate Ave |
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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 their 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 Respondent has complied with all terms and conditions of this Agreed
Order and 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
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Parkview Hospital, Inc. |
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By: |
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Lynne
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Compliance
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Office
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COUNSEL
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COUNSEL
FOR INDIANA FINANCE AUTHORITY For the
Indiana Brownfields Program By: ____________________________ Date: ___________________________ COUNSEL
AND/OR AUTHORIZED REPRESENTATIVE For the
City of Fort Wayne By: _____________________________ 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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,
2016. |
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For
the Commissioner |
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Signed
on December 6, 2016 |
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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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