STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

)

vs. ) Case No. 2000-9525-A

)

SAINT-GOBAIN CONTAINERS, 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 ("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 Saint-Gobain Containers, Inc. ("Respondent"), which owns and operates the glass container manufacturing facility located at 524 East Center Street, in Dunkirk, Jay County, Indiana ("Site").

• Saint-Gobain Containers, Inc. acquired Ball-Foster Glass Container Co., LLC through a merger in 1995.

• The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and the subject matter of this action.

5. Pursuant to IC 13-30-3-3, on October 11, 2000, IDEM issued a Notice of Violation via Certified Mail to:

Ball-Foster Glass Container Co., LLC

c/o CT Corporation System

Registered Agent

36 South Pennsylvania Street, Suite 700

Indianapolis, IN 46204

• A record review was conducted by a representative of IDEM's Office of Air Quality. The following violations were in existence or observed at the time of this review :



• Pursuant to 326 IAC 12, which adopts by reference 40 CFR 60.293, the owner or operator of an affected facility that is subject to emission limits specified under 40 CFR 60.293(b), shall install, calibrate, maintain, and operate a continuous monitoring system for the measurement of the opacity of emissions discharged into the atmosphere from the affected facility. The quarterly opacity monitor reports for the first operating quarter of 2000 indicate that the continuous opacity monitors ("COMs") for the glass melting furnaces ("GMFs") designated as No. 1 and No. 2, were not operating properly. Specifically, the monitor failed to record the opacity readings from the monitors during approximately 9.81% of the operating quarter at GMF No. 1 and approximately 28.69% at GMF No. 2, violations of 326 IAC 12.

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 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. Respondent shall comply with 326 IAC 12 and 40 CFR 60.293(b).

3. Respondent shall prepare, and maintain on site, a written policy establishing a response plan designed to prevent monitor downtime and ensure that in the event that downtime does still occur the appropriate actions are taken to minimize the duration of downtime. A copy of this policy shall be submitted to IDEM within thirty (30) days of the Effective Date of this Order.

4. All submittals required by this Agreed Order, unless notified otherwise in

writing, shall be sent to:

Matthew Stuckey

Senior Environmental Manager

Office of Enforcement - Air Section

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 6015

Indianapolis, IN 46206-6015

5. Respondent is assessed a civil penalty of Five Thousand Six Hundred Dollars ($5,600). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date of this Agreed Order.

6. In the event the terms and conditions of the following paragraphs are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amount:

Violation Penalty

Failure to submit the policy required in Order paragraph 3 $100 per day

7. Stipulated penalties shall be due and payable within thirty (30) days after Respondent receives written notice that the Complainant has determined a stipulated penalty is due. Assessment and payment of stipulated penalties shall not preclude the Complainant from seeking any additional relief against the Respondent for violation of the Agreed Order. In lieu of any of the stipulated penalties given above, the Complainant may seek any other remedies or sanctions available by virtue of Respondent's violation of this Agreed Order or 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:

Cashier

IDEM

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

9. In the event that the civil penalty required by Order 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.

10. This Agreed Order shall apply to and be binding upon the Respondent, its successors 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.

11. 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.

12. 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.

13. This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management Saint-Gobain Containers, Inc.

By: _________________________ By: _________________________

David P. McIver

Chief, Air Section Printed: ______________________

Office of Enforcement

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 May 24, 2001_ Felicia A. Robinson

Assistant Commissioner

Office of Enforcement