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. 2001-10414-A
)
BPB AMERICA, INC. D/B/A )
CELOTEX, )
)
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 (AComplainant@) of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.
2. Respondent is BPB America, Inc. d/b/a Celotex, (ARespondent@), which owns and operates a mineral wool manufacturing plant located at 1400 West Main Street, Lagro, Wabash County, Indiana (ASite@).
3. The Indiana Department of Environmental Management (AIDEM@) has jurisdiction over the parties and the subject matter of this action.
4. Pursuant to IC 13-30-3-3, on June 21, 2001, IDEM issued a Notice of Violation via Certified Mail to:
Mr. Arnold Cly C.T. Corporation System, Registered Agent
Celotex Corporation 36 South Pennsylvania Avenue
1400 West Main Street Suite 700
Lagro, Indiana 46941 Indianapolis, Indiana 46204
a. Pursuant to 326 IAC 5-1-2(1)(A), visible emissions from a source or facility located in an attainment area for particulate matter shall not exceed an average of forty percent (40%) opacity in twenty-four (24) consecutive readings. This source=s visible emissions, from the cupola averaged over forty (40) percent opacity in twenty-four consecutive readings during six (6) separate incidents on March 14, 2001 and during four (4) separate incidents on June 20, 2001, a violation of 326 IAC 5-1-2(1)(A).
6. The Notice of Violation issued on June 21, 2001 contains an incorrect date. The October 11, 2000 date in the first paragraph should read March 14, 2001. This error was discussed with the Respondent during the August 28, 2001 settlement conference.
7. The Notice of Violation issued on June 21, 2001 does not discuss the June 20, 2001 opacity violation. The August 28, 2001 settlement conference did discuss both the March 14, 2001 and June 20, 2001 opacity violations. The Respondent waives the right to a written Notice of Violation pursuant to IC 13-30-3-3 for the June 20, 2001 opacity violation. This Agreed Order will encompass both the March 14, 2001 and June 20, 2001 opacity violations.
8. On August 30, 2001, the Respondent submitted the cleaning and maintenance work instructions for the cupola.
9. 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 5-1-2(1)(A). Using EPA Method 9, the Respondent shall perform daily visible emission evaluations of the cupola. The opacity must average less than forty percent for two six minute consecutive periods. The daily readings are to be maintained in a log for review upon request of IDEM. The frequency of daily readings shall continue until the Respondent installs emission control equipment as required by 40 CFR 63, Subpart DDD. The effective date of 40 CFR 63, Subpart DDD is June 2, 2002.
3. Respondent is assessed a civil penalty of Seven Thousand and Seven Hundred and Forty Nine Dollars ($7,749). 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.
4. Civil 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
5. In the event that the civil penalty required by Order paragraph, 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.
6. 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.
7. 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.
8. 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.
9. 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 BPB America, Inc. d/b/a Celotex
By: _________________________ By: _________________________
Mr. 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: ________________________
Mr. Jay Rodia, Attorney
Office of Legal Counsel
Department of Environmental Management
Date: _______________________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 2001.
For the Commissioner:
Signed 1/9/02
___________________________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs