STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) Case Nos. 2000-9845-A,
) 2001-10330-A, and 2001-10335-A
)
SILGAN CONTAINERS )
MANUFACTURING CORP., )
)
Respondent. )
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.
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 Silgan Containers Manufacturing Corp. ("Respondent"), which at the time the violations occurred, operated the fabricated metal products operation ID# 163-00003 located at 2201 West Maryland St. in Evansville, Vanderburg Co., Indiana (Site 1), and operates the metal can coating operation ID # 091-00028 located at 300 North Fail Rd. in LaPorte, LaPorte Co., Indiana (Site 2). Site 1 is currently operated by White Cap, LLC (Successor-in-Interest).
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and the subject matter of this action.
4. Pursuant to IC 13-30-3-3, on February 28, 2002 IDEM issued a Notice of Violation regarding Site 1 via Certified Mail to:
Mr. Ralph Fasano CT Corporation, Registered Agent
Corporate Manager of Env. Affairs 36 S. Pennsylvania St., Suite 700
White Cap, LLC Indianapolis, IN 46204
1819 N. Major Ave.
Chicago, IL 60639
5. Pursuant to IC 13-30-3-3, on February 25, 2002, IDEM issued a Notice of Violation regarding Site 2 via Certified Mail to:
Mr. James Beam, President CT Corporation System, Registered Agent
Silgan Containers Mfg. Corp. 36 S. Pennsylvania St., Suite 700
21800 Oxnard St. Indianapolis, IN 46204
Woodland Hills, CA 91367
6. A records review, on or around April 15, 2000, was conducted of Site 1 by a representative of IDEM's Office of Air Quality (OAQ). The following violation was in existence or observed at the time of this review:
Pursuant to Operation Permit No. T163-6913-00003 issued to Respondent on January 19, 1999, condition B.11 requires the permittee to annually submit a compliance certification report to IDEM by April 15 of each year. The compliance certification report for 1999 was due April 15, 2000 but was not received by IDEM until January 4, 2001, a violation of permit T163-6913-00003.
7. An inspection, on September 12, 2000 was conducted at Site 1 by a representative of the Evansville Environmental Protection Agency (EEPA). The following violation was in existence or observed at the time of this inspection:
Pursuant to 326 IAC 5-1-2(2), visible emissions from a source or facility located in Vanderburgh County for particulate matter shall not exceed an average of thirty percent (30%) opacity in twenty-four (24) consecutive readings. The Respondent's visible emissions in twenty-four (24) consecutive readings, from plastisol line 4114 were observed to be 47.3%, a violation of 326 IAC 5-1-2(2).
Respondent installed a stack burner on the stack serving line 4114 subsequent to this opacity exceedance in attempt to remedy the problem.
8. A records review, on or around July 1, 2000, was conducted of Site 2 by a representative of IDEM's Office of Air Quality (OAQ). The following violation was in existence or observed at the time of this review:
Pursuant to Operation Permit No. T091-6912-00028 issued to Respondent on January 19, 1999, condition B.11 requires the permittee to annually submit a compliance certification report to IDEM by July 1 of each year. The compliance certification report for 1999 was due July 1, 2000 but was not received by IDEM until January 9, 2001, a violation of permit T091-6912-00028.
9. The Successor-in-Interest has owned and operated Site 1 since July, 2001.
10. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed 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 permits T163-6913-00003 and T091-6912-00028 and all applicable rules of the Indiana Air Pollution Control Board.
3. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Lynne Sullivan, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
4. Respondent is assessed a civil penalty of Ten Thousand Two Hundred Eighteen Dollars and Seventy-Five Cents ($10,218.75). 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.
5. Civil penalty is 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
6. In the event that the civil penalty required by Order paragraph 4, 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.
7. 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.
8. 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.
9. 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. Respondent shall provide a copy of this Order to White Cap, LLC within 15 days of the Effective Date.
10. 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 Silgan Containers Manufacturing Corp.
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 , 2002.
For the Commissioner:
Signed 10/16/02
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs