Converted WP file ./A-2440

Link to original WordPerfect Document here

STATE OF INDIANA    )        BEFORE THE INDIANA DEPARTMENT
                )    SS:    OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION    )

COMMISSIONER OF THE DEPARTMENT        )
OF ENVIRONMENTAL MANAGEMENT,        )
                                )
            Complainant,                )
                                )     CAUSE NO. A-2440
            v.                    )    CAUSE NO. A-3552
                                )
FIBREX, 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 ("IDEM"), a department of the State of Indiana created by IC 13-13-1-1.

    2.    Respondent is Fibrex, Inc. ("Respondent"), who owns and operates a mineral         fiber insulation products manufacturing facility at 500 West 6th Street, Alexandria, Indiana.

    3.    The Indiana Department of Environmental Management has jurisdiction over the parties and the subject matter of this action.

4. Rule 326 IAC 1-6-4(b) requires that no facility be operated unless the air pollution control device(s) and measures are also in operation simultaneously and are not bypassed.

5. On December 8, 9, and 15, 1993, inspectors from the Office of Air Management observed both of Fibrex's cupolas operating with the caps up, which allows pollutants to bypass the control devices, an alleged violation of 326 IAC 1-6-4(b).

    6.    Rule 326 IAC 6-4, in part, prohibits the escape of fugitive dust from the boundaries of the property of the source.

    7.    On December 8 and 15, 1993, inspectors from the Office of Air Management observed fugitive dust at ground level crossing the Fibrex property line, alleged violations of 326 IAC 6-4.

    8.    Pursuant to IC 13-10-3-3, IDEM issued Notice of Violation A-2440 via Certified Mail to:

            Edward P. Jolliffe
            Registered Agent for
            Fibrex Corporation, Inc.
            500 West 6th Street
            Alexandria, Indiana 46001

    9.    On February 13, 1996, an inspector from the Office of Air Management observed fugitive dust emissions from the baghouse stack cross the Fibrex property line, an alleged violation of 326 IAC 6-4.

    10.    Pursuant to IC 13-10-3-3, IDEM issued Notice of Violation A-3552 via Certified Mail to:

            Edward P. Jolliffe
            President and Registered Agent
            Fibrex, Inc.
            500 West 6th Street
            Alexandria, Indiana 46001

    11.    Between April, 1994, and February, 1996, after several meetings with IDEM, the Respondent installed new domes on both furnaces, replaced stacks, and installed new fans and ductwork. These installations or modifications were

performed to preclude pollutants from bypassing pollution control devices. Further, the Respondent has relocated oil spray nozzles to reduce emissions of pollutants, and has implemented a maintenance/repair schedule for it's baghouse.

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 his 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 Thousand Dollars ($30,000.00). Said penalty amount shall be due and payable to the Environmental Management Special Fund in four installments of Seven Thousand Five Hundred Dollars ($7,500) each. The first installment shall be paid within thirty (30) days of the Effective Date of this Agreed Order. The second, third, and fourth installments shall be paid within sixty, ninety, and one hundred twenty days of the Effective Date, respectively.

    3.    The civil penalty is 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
             P.O. Box 7060
            Indianapolis, Indiana 46206-7060

    4.    In the event that the civil penalty required by paragraph 2 is not paid within the time specified, 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 Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, and assigns. The signatories to this 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 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 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 by contract require that all contractors, firms, and other         persons acting for it comply with the terms of this Agreed Order.

    8.    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

By: By:
Lynne J. Donahue, Acting Air Section Chief
Office of Enforcement Printed:

Date: Title:

Date:

COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management

By: By:
Office of Legal Counsel

Printed:
Date:
Date:

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS DAY OF , 199 .

For the Commissioner:

                            Signed on 6/30/97
                            Patrick Carroll
                            Director
                            Office of Enforcement

Converted by Andrew Scriven