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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. MERITOR
HEAVY VEHICLE SYSTEMS, LLC, 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 Meritor Heavy Vehicle Systems,
LLC (“Respondent”), which owns and operates the source with Plant ID No. 063-00046
located at 849 Whitaker Rd in Plainfield, Hendricks 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:
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Chris
Villavarayan, President |
CT
Corporation System, Registered Agent |
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Meritor
Heavy Vehicle Systems, LLC |
Meritor
Heavy Vehicle Systems, LLC |
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2135
W Maple Rd |
150
W Market St, Suite 800 |
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Troy,
MI 48084 |
Indianapolis,
IN 46204 |
5.
Respondent owns and operates a stationary
transmission and brake rebuilding source.
6.
During inspections on January 25 and 31, 2018 conducted
by a representative of IDEM, the following violations were found:
a. Pursuant to 326 IAC 2-8-3(c)(3)(A),
Respondent is responsible for including within a permit application information
describing all emissions of regulated air pollutants emitted from any emission
unit, as well as such additional information related to the emissions of air
pollutants as is sufficient to verify which requirements are applicable to the
source.
Respondent failed to describe within their air permit application the material
handling emissions related to the abrasive blasting operations, in violation of
IAC 2-8-3(c)(3)(A).
b. Pursuant to 326 IAC 8-2-9(f)(1) and Federally
Enforceable State Operating Permit No. 063-38993-00046 (“FESOP 38993”) Condition
D.2.1(b)(1), Respondent is responsible for storing all VOC-containing coatings,
thinners, coating-related waste, and cleaning materials in closed containers.
Respondent failed to store all
VOC-containing coatings, thinners, coating-related waste, and cleaning
materials in closed containers, in violation of 326 IAC 8-2-9(f)(1) and FESOP
38993 Condition D.2.1(b)(1).
c.
Pursuant to Federally Enforceable State
Operating Permit No. 063-33654-00046 (“FESOP 33654”) Conditions D.2.8(a) and
D.2.8(b) and Federally Enforceable State Operating Permit No. 063-35480-00046
(“FESOP 35480”) Conditions D.2.8(a) and D.2.8(b), Respondent is responsible for
taking and maintaining records of daily, weekly, and monthly overspray
observations and inspections for PB-1, PB-2, and PB-5.
Respondent failed to maintain multiple
daily filter inspection and monthly overspray inspection records in 2015 for
PB-1, PB-2, and PB-5, in violation of FESOP 33654 Conditions D.2.8(a)
and D.2.8(b) and FESOP 35480 Conditions D.2.8(a) and D.2.8(b).
d.
Pursuant to 326 IAC 9-1-2(a)(3)
and FESOP 38993 Condition D.4.4, Respondent shall not operate burn-off ovens,
unless the waste gas stream is burned in one (1) of the following (a)
Direct-flame afterburner or (b) Secondary chamber.
Respondent failed to operate the
burn-off ovens in such a way that the smoke from the burn-off oven was
optimally captured by the secondary chamber, in violation of 326 IAC 9-1-2(a)(3) and FESOP 38993 Condition D.4.4.
e.
Pursuant to Federally Enforceable State
Operating Permit No. 063-36524-00046 (“FESOP 36524”) Condition B.9, Respondent is
responsible for submitting an Annual Compliance Certification, detailing
compliance for the calendar year, by no later than July 1 of the following
year.
Respondent submitted the Annual
Compliance Certification for the year 2016 on July 11, 2017, in violation of FESOP
36524 Condition B.9.
7.
Respondent has begun storing all VOC-containing
materials at issue in closed containers.
8.
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 326 IAC 2-8-3(c)(3)(A), 326 IAC 8-2-9(f)(1), 326 IAC 9-1-2(a)(3), and the
terms of its current applicable operating permit.
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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Clare Parker, Case 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 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:
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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 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.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Meritor Heavy Vehicle Systems, LLC |
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By: |
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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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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 December 6, 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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