STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. PACMOORE
PROCESS TECHNOLOGIES, 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 PacMoore
Process Technologies (“Respondent”), which owns and operates the stationary dry
food-grad materials manufacturing source with Plant ID No. 109-00062, located
at 100 PacMoore Parkway, in Mooresville, Morgan
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:
William
J. Moore, President |
William
J. Moore, Registered Agent |
PacMoore Process Technologies, LLC |
1844
Summer Street |
100
PacMoore Parkway |
Hammond,
IN 46320 |
Mooresville,
IN 46158 |
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5.
During an investigation conducted by a
representative of IDEM, the following violations were found:
a. Pursuant to Federally Enforceable State
Operating Permit (“FESOP”) 109-37617-00062, issued on November 22, 2016,
condition C.17, the Permittee shall submit Quarterly Deviation and Compliance
Monitoring Report or its equivalent.
This report shall be submitted not later than thirty (30) days after the
end of the reporting period.
Respondent failed to submit reports for the first, second and third quarter in
2017 within 30 days after the end of the reporting period, in violation of
FESOP 109-37617-00062 condition C.17.
b. Pursuant to FESOP 109-37617-00062
condition B.17, permit amendments and revisions are governed by the
requirements of 326 IAC 2-8-10 or 326 IAC 2-8-11.1 whenever the Permittee seeks
to amend or modify this permit.
Respondent constructed and operated a natural gas-fired boiler, a maintenance
welding station and a natural gas-fired hot water heater without appropriate
permitting, in violation of FESOP 109-37617-00062 condition B.17 and 326 IAC
2-8-11.1.
c. Pursuant to FESOP 109-37617-00062 condition
D.1.5(a), in order to comply with condition D.1.1, each baghouse for
particulate control shall be in operation and control emissions from the
associated processes.
Respondent failed to connect Breedo Mixer (BM1), Breedo Mixer (BM2), Mix Tank 1 and Mix Tank 2 to Baghouse
BH17, in violation of FESOP 109-37617-00062 condition D.1.5(a).
d. Pursuant to FESOP 109-37617-00062
condition D.1.10(a) and (b), the Permittee shall
record the recirculation liquid flow rate of wet scrubber WS1 and WS2.
Pursuant to FESOP 109-37617-00062 condition D.1.11(c) and (d), to document
compliance with condition D.1.10(a) and (b), the permittee shall maintain daily
records of the recirculation rate of wet scrubber WS1 and WS2, respectively.
Respondent failed to record and maintain daily records of the recirculation
rate of wet scrubbers WS1 and WS2 from September 26, 2016 through November 9,
2017, in violation of FESOP 109-37617-00062 condition D.1.10(a) and (b) and
D.1.11(c) and (d).
e. Pursuant to FESOP 109-37617-00062 condition
D.1.6(b), in order to demonstrate the compliance status with conditions
D.1.1(g) and D.1.2 and within 60 days of reaching maximum capacity but no later
than one hundred and eighty (180) days after initial startup of the Extrusion
line 1 Extruder EX1/Cyclone and Belt Dryer BD1, the Permittee shall perform PM,
PM10 and PM2.5 testing on stack S8 from wet scrubber WS2 controlling the
Extrusion line 1 Extruder EX1/Cyclone and Belt Dryer BD1
Respondent failed to conduct testing within 180 days of the December 30, 2016,
the startup date, in violation of FESOP 109-37617-00062 condition D.1.6.(b).
6.
The missing reports for first through third
quarter 2017 were delivered to IDEM on January 11, 2018.
7.
The ducting connecting Breedo
Mixers BM1 and BM2 to Baghouse BH17 was completed on February 9, 2018. During a meeting on January 11, 2018, it was
discovered that there are is no particulate handling on Mix tank 1 or 2.
8.
Respondent began taking and recording scrubber
flow rate for WS1 and WS2 on November 9, 2017.
9.
Respondent tested the Extrusion line 1 Extruder
EX1/Cyclone and Belt Dryer BD1 on May 2, 2018.
10.
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 FESOP
109-37617-00062 unless superseded by a renewal or modification.
3.
Within ninety (90) days of the Effective Date,
Respondent shall submit a permit application to include the emission units
referenced in paragraph 5.b. above.
4.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Matthew Chaifetz, 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 |
5.
Respondent is assessed and agrees to pay a
civil penalty of Forty-One Thousand Fifty Dollars and Fifty Cents ($41,050.50).
The civil penalty shall be paid in three (3) monthly installments. The initial payment of Thirteen Thousand Six
Hundred Eighty-Three Dollars and Fifty Cents ($13,683.50) 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”. Two additional
payments of Thirteen Thousand Six Hundred Eighty-Three Dollars and Fifty Cents
($13,683.50) each shall be made, one within sixty (60)
days of the Effective Date and the second within ninety (90) days of the
Effective Date. Interest shall accrue on
unpaid amounts at the rate established by IC 24-4.6-1-101.
6.
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 |
Violation |
Stipulated Penalty |
3 |
Failure
to submit permit application |
$500
per week or part thereof |
7.
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.
8.
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 |
9.
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.
10.
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 8, above.
11.
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.
12.
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.
13.
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.
14.
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.
15.
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.
16.
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.
17.
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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PacMoore
Process Technologies |
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David
P. McIver, Chief |
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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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2018. |
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For
the Commissioner |
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Signed
on August 29, 2018 |
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Matthew
Stuckey, Deputy Assistant Commissioner |
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Office
of Air Quality |
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Indiana
Department of Environmental Management |
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