STATE OF
INDIANA |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. CARLISLE INDUSTRIAL BRAKE & FRICTION,
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 owns and operates a motor parts
and accessories manufacturing company with Plant I.D. No 105-00013 and Permit
number M105-36409-00013, issued December 2, 2015 (“Permit”) located at 1031 E.
Hillside Drive in Bloomington, Monroe 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”) in conjunction with this Agreed Order to:
Matthew Dietrich, President |
The Prentice-Hall Corporation
System, Inc. |
Carlisle Industrial Brake &
Friction, Inc. |
251 East Ohio Street, Suite 500 |
6180 Cochran Road |
Indianapolis, IN 46204 |
Solon, OH 44139 |
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5.
During a permit application review conducted
by a representative of IDEM, the following violation was found:
a. Pursuant to 326 IAC 2-6.1-6, any person
proposing to construct new emission units, modify existing emission units, or
otherwise modify the source as described in this section shall submit an
application or notification for a permit revision in accordance with this rule.
Respondent constructed and operated two (2) abrasive blast cabinets, one (1)
natural gas-fired boiler, three (3) natural gas-fired air makeup heaters, four
(4) parts washers and one (1) conveyorized parts washer without permit approval,
in violation of 326 IAC 2-6.1-6.
6. Source received permit approval for the
two (2) abrasive blast cabinets, one (1) natural gas-fired boiler, three (3)
natural gas-fired air makeup heaters, four (4) parts washers and one (1)
conveyorized parts washer in permit M105-36409-00013 issued December 2, 2015.
7.
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 the Permit.
3.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Mary
Kelley, Compliance and Enforcement Manager |
Air Compliance
and Enforcement Branch |
Indiana
Department of Environmental Management |
100 North
Senate Avenue IGCN1003 |
Indianapolis,
IN 46204-2251 |
4.
Respondent is assessed and agrees to pay a civil
penalty of Five Thousand Three Hundred Twelve Dollars and Fifty Cents ($5,312.50). 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.
The civil penalty is payable by check to the
“Environmental Management Special Fund”. The check 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 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 IDEM issues a Resolution of Case letter to Respondent.
TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Carlisle Industrial Brake & Friction, Inc. |
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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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Title: |
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Office
of Air Quality |
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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 August 2, 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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