STATE OF
INDIANA |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. JUPTER ALUMINUM CORPORATION - COILCOATING DIVISION, 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 Jupiter Aluminum Corporation - Coilcoating Division (“Respondent”), which owns and operates
the source with Plant ID No. 145-00013, located at 205 East Carey St in Fairland,
Shelby, 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 Paul-Henri Chevalier,
President, Jupiter Aluminum Corporation; Mark Volkman,
Environmental Health and Safety Director, Jupiter Aluminum Corporation;
Corporation Service Company, Registered Agent.
5.
Respondent’s business is a stationary source
that puts coatings on aluminum coils.
6.
During an investigation conducted by a
representative of IDEM, the following violations were found:
a. Pursuant to 40 CFR 63 Subpart SSSS, the
three (3) hour average temperature of the thermal oxidizer shall be above the
minimum temperature established in the most recent stack test.
Respondent allowed the thermal oxidizer to operate below the minimum three (3)
hour average temperature established in the most recent stack test on multiple
occasions in June 2015 and on one occasion in October of 2015, in violation of
40 CFR 63 Subpart SSSS.
b. Pursuant Part 70 Permit No.
145-30787-00013 (“Permit”), issued to Respondent on August 16, 2012, condition D.1.7,
when the three (3) hour average temperature of the thermal oxidizer is below
the minimum temperature established in the most recent stack test, reasonable
response steps shall be taken to restore the operaton
of the unit to its normal or usual manner of operation in accordance with good
air pollution control practices for minimizing excess emissions.
Respondent allowed the three (3) hour average temperature of the thermal
oxidizer to operate below the minimum temperature established in the most
recent stack test on on multiple occasions in June
2015 in violation of Permit condition D.1.7.
7.
On January 29, 2016, Respondent submitted
documentation of the steps taken to repair a malfunctiong
damper on the air intake stack that was allowing an excess of air into the
combustion area of the thermal oxidizer.
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 40 CFR 63
Subpart SSSS and Permit condition D.1.7.
3.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Lisa
Hayhurst, 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 Five Thousand Dollars ($5,000.00). 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 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:
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: |
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RESPONDENT: |
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Department
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Jupiter Aluminum Corporation |
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Janusz Johnson, Chief |
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Printed: |
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Compliance
and Enforcement Section 1 |
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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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,
2016. |
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For
the Commissioner |
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Signed
on September 9 , 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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