STATE
OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. MPL CORPORATION, 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 MPL Corporation (“Respondent”),
which owned and operated a stationary cultured marble casting plant with Plant
I.D. No. 145-00057 located at 203 N. Edgerton Street in Fairland, Shelby 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”) in conjunction with this Agreed Order via Certified Mail
to:
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Thomas
Crowley, President |
Annette
T. Brogden, Registered Agent |
MPL
Corporation |
8440
Woodfield Crossing, Suite 288 |
8908
Waterside Circle |
Indianapolis,
IN 46240 |
Indianapolis,
IN 46278 |
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5.
During a report review conducted by a
representative of IDEM, the following violations were found:
a. Pursuant to 2-7-10.5(a)(1), an operator
or owner of a Part 70 source proposing to construct new emission units shall
submit a request for a modification approval in accordance with this section.
Respondent failed to obtain a modification
approval prior to constructing resin autocaster unit
EU-7 in 2016 and belt sander EU-9 in 2015, in violation of 2-7-10.5(a)(1).
b. Pursuant to 2-7-12, an operator or owner
of a Part 70 source shall obtain a permit modification prior to operation of
new emission units.
Respondent failed to obtain a permit
modification prior to the operation of resin autocaster
unit EU-7 and belt sander EU-9, in violation of 2-7-12.
c.
Pursuant to 2-7-10.5(a)(3),
an operator or owner of a Part 70 source proposing to modify a source shall
submit a request for a modification approval in accordance with this section.
Respondent modified the gel coating operation EU-2, EU4, and EU-8 in November
2016 without a modification approval, in violation of 2-7-10.5(a)(3).
6.
Respondent was issued Part 70 Permit Significant
Source Modification No. 145-38751-00057 and Part 70 Permit Significant Permit Modification
No.145-38782-00057 on November 14, 2017 and December 4, 2017, respectively.
They satisfy the construction and operation requirements for emission units specified
in Paragraph 5, above.
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 2-7-10.5(a)(1), 2-7-10.5(a)(3), and 2-7-12.
3.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Katherine Yu, 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 |
4.
Respondent is assessed and agrees to pay a
civil penalty of Nine Thousand Dollars ($9,000.00). 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:
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 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 permits 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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MPL
Corporation |
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David
P. McIver, Chief |
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Printed: |
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Title: |
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Office
of Air Quality |
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COUNSEL
FOR RESPONDENT: |
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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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2018. |
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For
the Commissioner |
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Signed
on July 3, 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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