|
STATE OF
INDIANA |
) |
|
BEFORE THE
INDIANA DEPARTMENT |
||
|
|
|||||
|
COMMISSIONER
OF THE DEPARTMENT Complainant, v. FREUDENBERG NOK
–GENERAL PARTNERSHIP, 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 Freudenberg NOK – General
Partnership (“Respondent”), which owns and operates the stationary rubber
product manufacturing process with Plant ID No. 145-00028, located at 487 West
Main Street, in Morristown, 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”) via Certified Mail to:
|
Stacy
Flora, SSA Competence Center Manager |
|
Freudenberg-NOK
Sealing Technologies |
|
P.O.
Box 245 |
|
487
West Main Street |
|
Morristown,
IN 46161-0245 |
5.
During an investigation conducted by a
representative of IDEM, the following violations were found:
a. Pursuant to Federally Enforceable State
Operating Permit (“FESOP”) 145-35222-00028, issued April 2, 2015, condition
B.17, permit amendments or 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 installed nine Wickert press units prior
to receiving a permit revision, in violation of FESOP 145-35222-00028 condition
B.17 and 326 IAC 2-8-11.1.
b. Pursuant to FESOP 145-35222-00028, issued
April 2, 2015, condition D.1.3(f), total usage of any single HAP at the dip
coating process, identified as DIP1, including solvent used for clean-up ,
shall be limited to less than 18.21 tons per twelve (12) consecutive month
period.
Pursuant to FESOP 145-35222-00028, issued April 2, 2015, condition D.1.3(g),
total usage of the combination of HAPs at the dip coating process, identified
as DIP1, including solvent used for clean-up , shall be limited to less than
18.38 tons per twelve (12) consecutive month period
Respondent exceeded the total usage of any single HAP and total usage of the
combination of HAPS at the DIP1 in June, July and August 2017, in violation of
FESOP conditions D.1.3(f) and D.1.3(g) respectively.
6.
Respondent was issued FESOP 145-38829-00028 on
September 6, 2017. The revised permit
authorized use of previously unpermitted Wickert
press units and modified single and combination HAP limits.
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 FESOP 145-38829-00028
unless superseded by a revision 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 |
4.
Respondent is assessed and agrees to pay a
civil penalty of Seventeen Thousand Five Hundred Dollars ($17,500.00). 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 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.
|
TECHNICAL
RECOMMENDATION: |
|
RESPONDENT: |
|||||
|
Department
of Environmental Management |
|
Freudenberg NOK – General Partnershop |
|||||
|
|
|
|
|||||
|
By: |
|
|
By: |
|
|||
|
|
David
P. McIver, Chief |
|
Printed: |
|
|||
|
|
Enforcement
Section |
|
Title: |
|
|||
|
|
Office
of Air Quality |
|
|
|
|||
|
Date: |
|
|
Date: |
|
|||
|
|
|
|
|
|
|||
|
|
|
|
|||||
|
|
|
COUNSEL
FOR RESPONDENT: |
|||||
|
|
|
|
|||||
|
|
|
|
|||||
|
|
|
|
By: |
|
|||
|
|
|
|
|
|
|||
|
|
|
|
|
|
|||
|
|
|
|
Date: |
|
|||
|
|
|
|
|
|
|||
|
APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
|||||||
|
MANAGEMENT THIS |
|
DAY OF |
|
,
2018. |
|||
|
|
|||||||
|
|
For
the Commissioner |
||||||
|
|
|
||||||
|
|
Signed
on March 12, 2018 |
||||||
|
|
Keith
Baugues, Assistant Commissioner |
||||||
|
|
Office
of Air Quality |
||||||
|
|
Indiana
Department of Environmental Management |
||||||