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BEFORE
THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT |
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COMMISSIONER
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Complainant, |
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Case
No. 2001-10285-A |
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BOMARKO,
INC., |
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Respondent |
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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
2. Respondent
is Bomarko, Inc. ("Respondent"), which owns/operates the stationary
waxed and coat paper and foil roll and sheeted stock manufacturing operation
with plant ID No. 099-00021, located at
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
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[N Kimball L. Mancke, President |
John G. Yeakey, Registered Agent |
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[A Bomarko, Inc. |
Bo Bomarko, Inc. |
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PP P.O. Box K |
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Pl |
P.O. Box K |
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5. An
inspection on
a.
Pursuant to
Part 70 Permit # T099-7713-00021, condition B.11 requires Respondent to submit
an annual compliance certification that must be received by July 1 of the
following year. This facility failed to
submit an Annual Compliance Certification for 1999 by
b.
Pursuant to
Part 70 Permit # T099-7713-00021, condition C.18 requires Respondent to
implement a compliance monitoring plan to ensure reasonable information is
available to evaluate its continuous compliance with applicable requirements.
This facility failed to have a Compliance Monitoring Plan onsite during an
inspection, a violation of the aforementioned permit condition.
c.
Pursuant to
Part 70 Permit # T099-7713-00021, condition C.23 requires Respondent to submit
a Quarterly Compliance Monitoring Report within thirty (30) days of the end of
the reporting period. This facility
failed to submit Quarterly Compliance Monitoring Reports to demonstrate
compliance/non-compliance, a violation of the aforementioned permit condition.
d.
Pursuant to
Part 70 Permit # T099-7713-00021, condition D.1.7 requires Respondent to
regulate monitoring equipment for Volatile Organic Compounds (VOC) for Press 6
(ID no 1-2 P6) by measuring and recording the daily air flow rate through the
catalytic incinerator to ensure the capture
efficiency of the incinerator meets the minimum required capture efficiency
required in Condition D.1.1. This facility failed to record the airflow as
required for Press 6 (ID no. 1-2 P6), a violation of the aforementioned permit
condition.
e.
Pursuant
to Part 70 Permit # T099-7713-00021, condition D.2.4 & D.2.7 requires Respondent to perform and record daily
visible emission notations of the paper-fired boiler stack exhaust during
normal daylight operations when burning paper and exhausting to the atmosphere.
A trained employee shall record whether emissions are normal or abnormal. This facility failed to perform and record
these notations as required, violations of the aforementioned permit conditions.
f.
Pursuant
to Part 70 Permit # T099-7713-00021, condition D.2.5 & D.2.6 requires
Respondent to regulate parametric monitoring and broken or failed bag
detection. This facility failed to have Compliance
Response Plans as required in these conditions and C.18, a violation of the
aforementioned permit conditions.
6.
The
Annual Compliance Certification for 1999 has been received.
7.
A
Compliance Monitoring Plan, Compliance Response Plan, and Preventive
Maintenance Plan have been implemented.
8.
Quarterly
Compliance Monitoring Reports have been submitted in a timely manner since the
first quarter of 2002.
9.
Press 6 (ID
no. 1-2 P6) has been dismantled.
10. 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 Permit Conditions, B.11, C.18, C.23, D.1.7, D.2.4, D.2.5, D.2.6, and D.2.7 of Part 70 Permit Number T099-7713-00021.
3. All
submittals required by this Agreed Order, unless notified otherwise in writing,
shall be sent to:
Amy Moreland, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
P. O. Box 6015
4. Respondent is assessed a civil penalty of Three Thousand Four Hundred Dollars ($3,400.00). 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.
5. 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.
6. Civil and stipulated penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Case Number (2001-10285-A) of this action and shall be mailed to:
Cashier
IDEM
7. 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.
8. 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.
9. 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.
10. 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.
11. This Agreed
Order shall remain in effect until Respondent has complied with all terms and
conditions of this Agreed Order.
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TECHNICAL RECOMMENDATION: |
RESPONDENT: |
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Department of Environmental Management |
Bomarko, Inc. |
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By: __________________________ |
By: ________________________ |
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David P. McIver Chief, Air Section |
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Office of Enforcement |
Printed: __________________ |
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Title: ________________________ |
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Date: __________________________ |
Date: ________________________ |
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COUNSEL FOR COMPLAINANT: |
COUNSEL FOR RESPONDENT: |
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Department of Environmental Management |
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By: ___________________________ |
By: ________________________ |
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Office of Legal Counsel |
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Date: ___________________________ |
Date: ________________________ |
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF _______________, 200__.
For the Commissioner:
Signed August 27, 2004
___________________________
Felicia A. Robinson
Deputy Commissioner for
Legal Affairs