STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) CAUSE NO. A-4570
)
NEO INDUSTRIES (INDIANA), INC., )
)
Respondent. )
AGREED ORDER
The Complainant and the 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.
I. FINDINGS OF FACT
1. Complainant is the Commissioner (hereinafter referred to as "Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.
2. Respondent is NEO Industries (Indiana), Inc. (hereinafter referred to as "Respondent"), which owns and operates two hard chrome electroplating tanks, identified as tanks S and N, located at 1775 Willowcreek Road, Portage, Indiana (the Site).
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.
4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:
Neil Holt, President Darryl W. Durham, Registered Agent
NEO Industries (Indiana), Inc. for NEO Industries (Indiana), Inc.
1775 Willowcreek Road 400 Pearl Street, Suite 200
Portage, Indiana 46368 New Albany, Indiana 47150
5. 326 IAC 20-8 incorporates by reference the provisions of the National Emission Standards for Hazardous Air Pollutants (NESHAPs) for Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks found at 40 C.F.R. Part 63, Subpart N.
6. Pursuant to 40 C.F.R. § 63.343(c)(1)(ii), the pressure drop across the composite mesh-pad (CMP) scrubber system shall be operated within ±1 inch of water column of the pressure-drop range established during performance test(s). Performance tests of the Respondent's CMP for tanks S and N established an acceptable pressure-drop range of 2.0 to 5.6 ± 1 inch of water column for the period including May 12, 1997 through September 30, 1997.
7. Designated representatives if IDEM conducted an inspection of the Site on April 23, 1999. During the inspection it was observed that the respondent's records of the CMP for tanks S and N showed a pressure-drop greater than 6.6 on fifty-five days during that period, violations of 40 C.F.R. § 63.343(c)(1)(ii).
8. Pursuant to 40 C.F.R. § 63.346(b)(1), the owner or operator of an affected source subject to the provisions of subpart N shall maintain inspection records for the CMP and monitoring equipment, and document that the inspection required by the work practice standards of 40 C.F.R. § 63.342(f) and Table 1 of 40 C.F.R.§ 63.342 have taken place.
9. During the inspection of the Respondent's records it was observed that it did not maintain the inspection records for the CMP and monitoring equipment, violations of 40 C.F.R. § 63.346(b)(1).
10. Pursuant to 40 C.F.R. § 63.347(g)(3), the annual ongoing compliance status report must contain the relevant emission limitation for the affected source, the corresponding operating parameter value, the total operating time during the reporting period, and the hours of operation during periods outside the acceptable pressure drop range.
11. During the inspection of the Respondent's records it was observed that the annual ongoing compliance status report did not contain the relevant emission limitation for the affected source, the corresponding operating parameter value, the total operating time during the reporting period, and the hours of operation during periods outside the acceptable pressure drop range, violations of 40 C.F.R. § 63.347(g)(3).
12. 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 the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
2. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Eric Larsen, Environmental Engineer
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
3. Respondent is assessed a civil penalty of Five Thousand Dollars ($5,000). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date of this Agreed Order.
4. Civil penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Cause Number of this action and shall be mailed to:
Cashier
IDEM
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
5. In the event that the civil penalty required by paragraph 3 is not paid within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.
6. This Agreed Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.
7. In the event that any terms of the 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 the Agreed Order did not contain the invalid terms.
8. The 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.
9. This Agreed Order shall remain in effect for a period of 2 years from the Effective Date of this Agreed Order.
TECHNICAL RECOMMENDATION: NEO INDUSTRIES (INDIANA), INC.:
Department of Environmental Management
By: _________________________ By: _________________________
David P. McIver
Chief, Air Section
Office of Enforcement Printed: ______________________
Title: ________________________
Date: ________________________ Date: ________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: _________________________ By: ________________________
Office of Legal Counsel
Department of Environmental Management
Date: _______________________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 20___.
For the Commissioner:
Signed on 11/15/2000
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement