STATE OF INDIANA

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BEFORE THE INDIANA DEPARTMENT OF

 

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ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION        )

 

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COMMISSIONER OF THE DEPARTMENT

 

OF ENVIRONMENTAL MANAGEMENT

 

 

 

 

 

Complainant,

 

 

 

 

v.

Case Nos. 2016-24180-A, 2017-24618-A, and 2017-24692-A

 

 

DALTON CORPORATION, WARSAW

MANUFACTURING FACILITY,

 

 

 

Respondent.

 

 

 

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 Dalton Corporation, Warsaw Manufacturing Facility (“Respondent”), which owns and operates a stationary gray iron foundry with Plant I.D. No. 085-00003 located at 1900 East Jefferson Street in Warsaw, Kosciusko 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 two Notices of Violation (“NOV”) on October 30, 2018, via Certified Mail to:

 

Jeffrey Stone, President

CT Corporation System, Registered Agent

Dalton Corporation, Warsaw

Manufacturing Facility

150 West Market Street

Suite 800

1900 East Jefferson Street

Indianapolis, IN 46204

Warsaw, IN 46581

 

 

5.             During an investigation conducted by representatives of IDEM, the following violations were found:

 

Per Notice of Violation referencing cases 2016-24180-A and 2017-24618-A

 

a.       Pursuant to Part 70 Permit 085-36091-00001 (“permit”), issued to Respondent August 10, 2015 condition D.2.1(f), the VOC emissions from the Cupola Melt Furnace shall be limited to 0.009 pounds per ton of metal.

Respondent conducted stack testing on March 15, 2016 and June 29, 2016, demonstrating VOC emissions of 0.018 and 0.029 pounds per ton of metal, respectively, in violation of permit condition D.2.1(f).

 

b.             Pursuant to permit condition D.3.1(c)(3), the VOC emissions from the Herman 2 Castings Cooling shall be limited to 0.687 pounds per ton of metal.

Respondent conducted stack testing of Herman 2 Casting Cooling on April 4-5, 2017, demonstrating VOC emissions of 1.73 pounds per ton of metal, in violation of permit condition D.3.1(c)(3).

 

c.              Pursuant to permit condition D.3.1(b)(3), the VOC emissions from the Herman 2 Pouring shall be limited to 0.163 pounds per ton of metal.

Respondent conducted stack testing of Herman 2 Pouring on April 4-5, 2017, demonstrating VOC emissions of 0.36 pounds per ton of metal, in violation of permit condition D.3.1(c)(3).

 

d.             Pursuant to permit condition D.3.1(b)(2), the PM10 emissions from the Herman 2 Pouring shall be limited to 0.052 pounds per ton of metal.

Respondent conducted stack testing of Herman 2 Pouring on April 4-5, 2017, demonstrating PM10 emissions of 0.058 pounds per ton of metal, in violation of permit condition D.3.1(c)(3).

 

Per Notice of Violation referencing case 2017-24692-A

 

e.             Pursuant to Part 70 Permit 085-36091-00003, issued to Respondent August 10, 2015 condition D.5.5, PM and PM10 testing of the vibratory shaker shall be conducted once every five (5) years from the date of the last valid compliance demonstration.

Respondent failed to conduct compliance testing of the vibratory shaker before November 14, 2016, in violation of Part 70 Permit 085-36091-00003 condition D.5.5.

 

6.             Significant Permit Modification 085-39431-00003 was issued on August 30, 2018. Permit modified metal throughput and emission limits to show compliance with test results listed above.

 

7.             Significant Permit Modification 085-39431-00003 was issued on August 30, 2018. Permit modified the vibratory shaker condition to require testing within one hundred eighty (180) days after the initial startup of Baghouse #3 as control for Vibratory Shaker VB1.  Startup of Baghouse #3 as control for Vibratory Shaker VB1 is October 9, 2018.

8.             Respondent conducted stack testing of the vibratory shaker on November 29, 2018.

 

9.             Orders of the Commissioner are subject to administrative review by the Office of Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement reached, Respondent acknowledges notice of this right and 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 085-42039-00003 unless superseded by a permit modification or renewal.

 

3.             All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

 

Matthew Chaifetz, Senior Enforcement Manager

Compliance and Enforcement Branch – Mail Code 61-53

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

mchaifet@idem.IN.gov

 

4.             Respondent is assessed and agrees to pay a civil penalty of Ninety-Eight Thousand Dollars ($98,000.00).  The civil penalty shall be paid in six (6) monthly installments.  The initial payment of Sixteen Thousand Three Hundred Thirty-Five Dollars ($16,335.00) 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”.  Five (5) additional payments of Sixteen Thousand Three Hundred Thirty-Three Dollars ($16,333.00) each shall be made, one within sixty (60) days of the Effective Date, the second within ninety (90) days of the Effective Date, the third within one hundred twenty (120) days of the Effective Date, the fourth within one hundred fifty (150) days of the Effective Date, and the fifth within one hundred eighty (180) days of the Effective 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:

 

Indiana Department of Environmental Management

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

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 Respondent has complied with all terms and conditions of this Agreed Order and IDEM has issued a Resolution of Case letter to Respondent.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Dalton Corporation, Warsaw

Manufacturing Facility

 

 

 

By:

 

 

By:

 

 

David P. McIver, Chief

 

Printed:

 

 

Enforcement Section

 

Title:

 

 

Office of Air Quality

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

COUNSEL FOR COMPLAINANT:

 

COUNSEL FOR RESPONDENT:

For the Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

 

 

 

 

 

 

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2020.

 

 

For the Commissioner:

 

 

 

Signed on October 8, 2020

 

Matthew Stuckey Deputy Assistant

 

Commissioner

 

Office of Air Quality