STATE
OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. AMSTED RAIL COMPANY, 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 Amsted Rail Company, Inc. (“Respondent”), which owns and operates the source with Plant ID No. 089-00204, located at 4831 Hohman Avenue, in Hammond, Lake 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:
John Wories, Jr., President |
CT, Registered Agent |
Amsted Rail Company, Inc. |
36 S. Penn St. |
1700 Walnut St. |
Indianapolis, IN 46204 |
Granite city, IL 62040 |
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5.
Respondent owns and operates a stationary steel
coil spring manufacturing plant.
6.
During an investigation conducted by a
representative of IDEM, the following violations were found:
a. Pursuant to Part 70 Permit No. 089-37098-00204 operating condition
D.5.2, PM emissions for Shot Peener 3-1827 shall not
exceed the limit of 0.03 grains/dry standard cubic foot (gr/dscf).
Respondent conducted a compliance test on August 11, 2016 and emitted an
average of 0.043 gr/dscf PM in violation of Part 70 Permit No. 089-37098-00204 condition
D.5.2.
b. Pursuant to Part 70 Permit No. 089-37098-00204 operating
condition D.1.3, PM emissions for the Coil Spring Grinders shall not exceed the
limit of 0.99 pounds/hour (lb/hr).
Respondent conducted a compliance test
on November 9, 2016 and emitted an average of 1.36 lb/hr PM in violation of Part 70 Permit No. 089-37098-00204
condition D.1.3.
7.
Respondent has not operated Shot Peener 3-1827 emission unit since its stack test on August
11, 2016.
8.
Respondent conducted a re-test of
the Coil Spring Grinders on April 20, 2017 demonstrating compliance with PM
emission limits.
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 No. 089-37098-00204 unless superseded by a permit
modification or renewal.
3.
Within sixty days of the Effective Date,
Respondent shall submit an application to modify its Part 70 permit to require
that Respondent shall perform PM, PM10, and PM2.5 testing of Shot Peener 3-1827 within seventy-five days of restarting
operation of Shot Peener 3-1827. Respondent
shall perform PM, PM10, and PM2.5 testing of Shot Peener
3-1827 within seventy-five days of restarting Shot Peener
3-1827 in the event said permit modification has not become effective by that
time. These requirements shall not affect any other stack testing
requirements for Shot Peener 3-1827.
4.
Respondent shall notify IDEM that it has
restarted Shot Peener 3-1827 within thirty days of
restarting Shot Peener 3-1827.
5.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Vaughn Ison, Case Manager |
Compliance and Enforcement Branch |
Indiana Department of Environmental
Management |
100 North Senate Avenue |
Indianapolis, IN 46204-2251 |
6.
Respondent is assessed and agrees to pay a civil penalty of Ten Thousand dollars ($10,000). 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”.
7.
In the event the terms and conditions of the
following paragraphs are violated, Complainant may assess and Respondent shall
pay a stipulated penalty in the following amount:
Paragraph |
Action |
Stipulated
Penalty |
3 |
Submit
application within 60 days |
$250
per week |
8.
Stipulated penalties shall be due and payable
no later than the 30th day after Respondent receives written notice
that Complainant has determined a stipulated penalty is due; the 30th
day being the “Due Date”. Complainant may notify Respondent at any time that a
stipulated penalty is due. Failure to notify Respondent in writing in a timely
manner of a stipulated penalty assessment shall not waive Complainant’s right
to collect such stipulated penalty or preclude Complainant from seeking
additional relief against Respondent for violation of this Agreed Order.
Neither assessment nor payment of stipulated penalties shall preclude
Complainant from seeking additional relief against Respondent for a violation
of this Agreed Order; such additional relief includes any remedies or sanctions
available pursuant to Indiana law, including, but not limited to, civil penalties
pursuant to IC 13-30-4.
9. 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 |
10. 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.
11. 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 9, above.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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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Amsted Rail Company, Inc. |
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By: |
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By: |
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David
P. McIver, Chief |
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Enforcement
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Title: |
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Office
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COUNSEL
FOR RESPONDENT: |
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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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2017. |
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For
the Commissioner |
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Signed
on October 18, 2017 |
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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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