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. 2000-9639-A
) CAUSE NO. 2000-9752-A
SLOSS INDUSTRIES CORPORATION, )
)
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. 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.
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 Sloss Industries Corporation (hereinafter referred to as "Respondent"), which owns and operates a slag mineral-fiber insulation products manufacturing facility at 500 West 6th Street, Alexandria, Indiana (hereinafter referred to as "the Site.")
3. The Indiana Department of Environmental Management (hereinafter referred to as"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:
Lee C. Houlditch, President C T Corporation System, Registered Agent
Sloss Industries Corporation for Sloss Industries Corporation
3500 35th Ave. North 36 S. Pennsylvania Street, Suite 700
Birmingham, Alabama 35207 Indianapolis, Indiana 46204
5. IDEM issued Part 70 Operating Permit T095-8955-00010 (hereinafter referred to as "Permit") to the respondent on March 17, 1999.
6. Designated representatives of the Anderson Office of Air Management (hereinafter referred to as "AOAM") conducted an investigation of the Site on November 4, 1999, May 18, 2000 and August 31, 2000.
7. Designated representatives of IDEM conducted an investigation of the Site on July 27, 2000.
8. Pursuant to Permit condition C.15, the Respondent is required to maintain and implement a compliance monitoring plan to ensure compliance with applicable requirements.
9. During the investigations of the Site by AOAM on May 18, 2000 and August 31, 2000, it was observed that the Respondent did not maintain and implement a compliance monitoring plan to ensure compliance with applicable requirements, a violation of Permit condition C.15.
10. Pursuant to Permit condition D.1.2, the Respondent is required to maintain and implement a Preventive Maintenance Plan for this facility and any control devices.
11. During the investigations of the Site by AOAM on May 18, 2000 and August 31, 2000, it was observed that the Respondent did not maintain and implement a Preventive Maintenance Plan for this facility and any control devices, a violation of Permit condition D.1.2.
12. Pursuant to Permit condition D.1.5., the Respondent is required to record daily emission notations of the multi-cyclone/baghouse stack exhaust (V1) from the cupolas.
13. During the investigations of the Site by AOAM on May 18, 2000 and August 31, 2000, it was observed that the Respondent did not record daily emission notations of the multi-cyclone/baghouse stack exhaust (V1) from the cupolas, a violation of Permit condition D.1.5.
14. Pursuant to Permit condition D.2.4., the Respondent is required to record daily emission notations of the water spray tunnel stack exhaust (V4) from the blow chambers.
15. During the investigations of the Site by AOAM on May 18, 2000 and August 31, 2000, it was observed that the Respondent did not record daily emission notations of the water spray tunnel stack exhaust (V4) from the blow chambers, a violation of Permit condition D.2.4.
16. Pursuant to Permit condition D.1.6., the Respondent is required to conduct quarterly inspections of all bags and multi-cyclones controlling the cupolas, and replace all defective bags and multi-cyclones.
17. During the investigations of the Site by AOAM on May 18, 2000 and August 31, 2000, it was observed that the Respondent did not conduct quarterly inspections of all bags and multi-cyclones controlling the cupolas, and replace all defective bags and multi-cyclones, a violation of Permit condition D.1.6.
18. Pursuant to Permit condition D.1.7., the Respondent is required to record, as required, the total static pressure drop across the baghouse used in conjunction with the mineral-wool manufacturing process.
19. During the investigations of the Site by AOAM on May 18, 2000 and August 31, 2000, it was observed that the Respondent did not record, as required, the total static pressure drop across the baghouse used in conjunction with the mineral-wool manufacturing process, a violation of Permit condition D.1.7.
20. Pursuant to Permit condition D.2.5., the Respondent is required to perform quarterly inspections of all water spray tunnels controlling the blow chambers when venting to the atmosphere.
21. During the investigations of the Site by AOAM on May 18, 2000 and August 31, 2000, it was observed that the Respondent did not perform quarterly inspections of all water spray tunnels controlling the blow chambers when venting to the atmosphere, a violation of Permit condition D.2.5.
22. Pursuant to Permit condition D.2.7., the Respondent is required to maintain records of daily visible emission notations of the water spray tunnel stack exhaust (V4) from the blow chambers.
23. During the investigations of the Site by AOAM on May 18, 2000 and August 31, 2000, it was observed that the Respondent did not maintain records of daily visible emission notations of the water spray tunnel stack exhaust (V4) from the blow chambers, a violation of Permit condition D.2.7.
24. Pursuant to 326 IAC 6-4-2(4), no source shall allow fugitive dust to visibly cross the boundary or property line of a source.
25. During the investigation of the Site by IDEM on July 27, 2000 and by AOAM on August 31, 2000 it was observed that the Respondent allowed fugitive emissions generated from the flywool stack to cross property lines at ground level, violations of 326 IAC 6-4-2(4).
26. Pursuant to Permit condition B.11, the Respondent is required to submit annually a Compliance Certification Report to IDEM no later than July 1st of the following year.
27. During a records review conducted by IDEM on December 11, 2000 it was observed that the Respondent failed to submit its Compliance Certification Report for 1999 by July 1, 2000, a violation of Permit condition B.11.
28. Respondent submitted its Compliance Certification Report for 1999 to IDEM on February 8, 2001.
29. Pursuant to Permit condition C.20, the Respondent is required to submit Quarterly Compliance Monitoring Reports to IDEM within thirty (30) days of the end of the reporting period.
30. During an investigation of the Site by AOAM on November 4, 1999 it was observed that the Respondent failed to submit its Quarterly Compliance Monitoring Reports for the second and third calendar quarters of 1999 within thirty (30) days of the end of the respective reporting periods, a violation of Permit condition C.20.
31. Respondent submitted its Quarterly Compliance Monitoring Reports for the second and third calendar quarters of 1999 during the investigation on November 4, 1999 referenced in paragraph 31 above.
32. Respondent submitted its Quarterly Compliance Monitoring Reports for the first calendar quarter of 1999 and the fourth calendar quarter of 1999 to IDEM on February 8, 2001, a violation of Permit condition C.20.
33. Respondent implemented the following changes to it's production processes for the purpose of reducing fugitive dust emissions:
a. Disabled caps on cupola top;
b. Replaced baghouse ductwork;
c. Installed new flywool-house pump;
d. Replaced baghouse fan;
e. Installed new sprays in flywool house;
f. Installed new water line for flywool-house cleaning;
g. Replaced batt-line collection-chamber screen, and
h. Replaced wool-line collection-chamber screen
34. 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 is assessed a civil penalty of Thirty-Four Thousand Dollars ($34,000). 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.
3. 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
4. In the event that the civil penalty required by paragraph 2 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.
5. 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.
6. 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.
7. 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.
8. This Agreed Order shall remain in effect for a period of two (2) years from the Effective Date of this Agreed Order.
TECHNICAL RECOMMENDATION: SLOSS INDUSTRIES CORPORATION:
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 07/19/2001
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement