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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. BEMIS
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 Bemis Company, Inc.
(“Respondent”), which owns and operates the stationary polyethylene film plant
including film production, printing, and converting operations with Plant I.D.
No. 167-00033 located at 1350 North Fruitridge Ave in
Terre Haute, Vigo 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 June 21, 2017via Certified Mail to:
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William
F. Austen, President |
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Corporation
Service Company, Registered Agent |
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Bemis
Company, Inc. |
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135
North Pennsylvania Street |
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PO
Box 669 |
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Suite
1610 |
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Neenah,
WI 54957 |
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Indianapolis,
IN 46204 |
5.
During an investigation, including an
inspection on February 7, 2017, conducted by a representative of IDEM, the
following violations were found:
a. Pursuant to Part 70 Permit No. 167-34096-00033
(“Permit”), issued to Respondent on April 21, 2015, condition D.1.3(a), Cyrel, shall have a minimum capture efficiency of 100%.
Respondent failed to demonstrate one-hundred percent (100%) capture efficiency for
the Cyrel plate making facility required by Permit
condition D.1.7, in violation of Permit, condition D.1.7.
b. Pursuant to Permit, condition D.1.14(a)(3),
Permittee shall daily record the monitoring parameter value for each press and Cyrel, it shall include in its daily record when a pressure
or fan amperage reading is not taken and the reason for the lack of a reading.
Respondent failed to record a daily monitoring parameter for the Cyrel plate making facility, in violation of Permit from
December 2014 through February 2017, condition D.1.14(a)(3).
c. Pursuant to Permit, condition D.1.14(a)(2), Permittee shall maintain records of the
continuous combustion zone temperature for the oxidizers I13, I14, and I15 and
the three (3) hour average combustion zone temperature used to demonstrate
compliance during the most recent compliant performance test. Permittee shall include in its daily record
when a temperature reading is not taken and the reason for the lack of the
temperature reading.
Respondent failed to maintain records of the continuous combustion zone
temperature for the oxidizer I13 for 72 days between December 5, 2014 and
February 9, 2017, in violation of Permit, condition D.1.14(a)(2).
d. Pursuant to Permit, condition D.1.12(a), requires the Permittee to recalibrate
differential pressure gages installed on the printing presses on an annual
basis.
Respondent failed to annually recalibrate the differential pressure gages from
2014 through 2016, in violation of Permit, condition D.1.12(a).
e. Pursuant to Permit, condition C.7(c), all
test reports must be received by IDEM, OAQ not later than forty-five (45) days
after the completion of the testing.
Respondent submitted stack testing reports for the six oxidizers, tested March
21-23, 2016, seventy-seven (77) days after the testing, in violation of Permit,
condition C.7(c).
f. Pursuant to Permit, condition E.2.2 and
40 CFR 63.6655(e), Respondent shall maintain records of the maintenance
conducted on the stationary RICE in order to demonstrate that Respondent
operated and maintained the stationary RICE and after-treatment control device
(if any) according to your own maintenance plan.
Respondent did not have records immediately available for the emergency fire
pump engine, in violation of Permit, condition E.2.2 and 40 CFR 63.6655(e).
6.
In order to demonstrate compliance with the
100% capture efficiency at the Cyrel plate making facility,
Respondent conducted Method 204 testing on May 22, 2017.
7.
To insure a daily reading is taken, Respondent
integrated the pressure differential monitoring for the Cyrel
plate making facility into its Rockwell Monitoring and Logging system on May 22,
2017.
8.
Respondent reactivated logging for oxidizer I13
on February 8, 2016. Respondent also
upgraded its Rockwell Monitoring and Logging system to notify key personnel of the
operational status daily.
9.
Respondent recalibrated gages on April 3, 2017,
and incorporated recalibration into its Environmental Health and Safety
calendar to scheduling future recalibration.
10.
Respondent located maintenance records and
submitted to IDEM on April 7, 2017 and instituted a new record retention system
for engine maintenance records
11.
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
167-34096-00033, unless superseded by a permit revision or renewal.
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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Matthew
Chaifetz, 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 Ten Thousand Six Hundred Dollars ($10,600.00). 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:
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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 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.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
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Bemis Company, Inc. |
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David
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Printed: |
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Enforcement
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Office
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COUNSEL
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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 August 24, 2017 |
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Keith
Baugues, Assistant Commissioner |
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Office
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Indiana
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