STATE OF INDIANA             )                             BEFORE THE INDIANA DEPARTMENT OF

                                                ) SS:                         ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION         )

COMMISSIONER OF THE DEPARTMENT         )
OF ENVIRONMENTAL MANAGEMENT,         )
                                                                                )

                Complainant,                                             )

                                                                                ) CASE NO. 2001-10745-W

                        v.                                                     )

                                                                                )
ROLL COATER, 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. 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. The Respondent's entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, that the Respondent may have in any future administrative or judicial proceeding.
 
 

I. FINDINGS OF FACT

1. Complainant is the Commissioner ("Complainant") of the Indiana Department of Environmental Management ("IDEM"), a department of the State of Indiana created by IC 13-13-1-1.
 
 

2. The Respondent is Roll Coater, Inc. ("Respondent"), which owns and operates a Class C industrial wastewater treatment facility. The facility is authorized by NPDES Permit No. IN 0038172 ("Permit") to discharge to receiving waters named the Travis Ditch in accordance with stated effluent limitations, monitoring requirements, and other conditions. The facility is located in Kingsbury, LaPorte County, Indiana.
3. 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:

    Mr. William K. Daniel, President                             C.T. Corporation System, Registered Agent
    Roll Coater, Inc.                                                     36 South Pennsylvania Street
    2135 West Maple Road                                         Suite 700
    Troy, MI 48084                                                     Indianapolis, IN 46204

5. Pursuant to IC 13-30-2-1, a person may not discharge, emit, cause, allow, or threaten to
discharge, emit, cause , or allow any contaminant or waste, including any noxious odor either alone or in combination with contaminants from other sources, into the environment in any form that causes or would cause pollution that violates or would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under the environmental management laws.

6. Pursuant to 327 IAC 5-2-8(1) and Part II.A.1 of the Permit, Roll Coater, Inc. is required
to comply with all terms and conditions of the Permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and IC 13 and is grounds for enforcement action.

7. Part I.A.1 of the Permit contains the final effluent limitations applicable to the discharge
from Roll Coater, Inc.'s wastewater treatment plant Outfall 001, including limitations for Zinc, Hexavalent Chromium, Total Chromium, and Oil and Grease.

8. Discharge Monitoring Reports and Monthly Reports of Operation submitted by
Roll Coater, Inc. for January 2001 through January 2002 reveal that Roll Coater, Inc. failed to meet final effluent limitations contained in Part I.A.1 of the Permit as follows:

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. The Respondent shall, within thirty (30) days of the Effective Date, submit a complete,
updated NPDES permit renewal application to IDEM. The application shall include, but not necessarily be limited to, the following:

3.The Respondent shall, until the effective date of a renewal NPDES permit, operate its wastewater treatment plant in a manner that is consistent with the final effluent flow values upon which the effluent limitations contained in its existing NPDES permit are based. Specifically, the Respondent shall ensure that the monthly average final effluent flow rate does not exceed 100 gallons per minute.

4.The Respondent shall not use any wastewater treatment additive in a quantity sufficient to
pose a reasonable potential to cause or contribute to a violation of any water quality standard contained in 327 IAC 2, including the narrative water quality standards contained in 327 IAC 2-1-6(a)(1).

5. Beginning on the Effective Date, the Respondent shall, within six (6) months of the
Effective date (the "Performance Period") demonstrate six (6) consecutive months of compliance ("Compliance Demonstration") with the final effluent limitations contained in its Permit. During the Performance Period, the Respondent shall be subject to stipulated penalties, as specified in Paragraph 8 below, for violations of the final effluent limitations contained in its Permit. In the event that Respondent fails to make the Compliance Demonstration, Respondent shall, within sixty (60) days of becoming aware that the Compliance Demonstration cannot be achieved, develop and submit to IDEM a plan ("action plan") that identifies the corrective actions that Respondent will take to achieve and maintain compliance with the final effluent limitations contained in its Permit. The action plan, if required, shall include an implementation and completion schedule, including specific milestone dates.

The action plan shall be subject to the approval of IDEM. If the action plan is deemed inadequate by IDEM, a revised action plan shall be submitted within thirty (30) days of receipt of notice from IDEM of the inadequacies thereof. If after submission of the revised documents(s) IDEM still finds that the document(s) are inadequate, then IDEM may require further modification of the action plan as necessary to meet IDEM's requirements. If further modification is not submitted within thirty (30) days of Respondent's receipt of IDEM's request or if said modification does not meet IDEM's approval, IDEM will suggest appropriate modification to be undertaken by the Respondent. If such modification is not undertaken or an alternative, adequate action plan is not submitted by the Respondent within thirty (30) days, the Respondent will be subject to stipulated penalties.

The approved action plan shall be incorporated into the Agreed Order and shall be deemed an enforceable part thereof. The Respondent, upon written notification by IDEM, shall immediately implement the approved action plan, and complete the actions contained in the approved action plan in accordance with the schedule included in the approved action plan. Upon completion of each action contained in the approved action plan, the Respondent shall submit notification of completion of the action to IDEM. The notification shall include a description of the action completed, and the date it was completed.

6. All submittals required by this Agreed Order, with the exception of the submittal required pursuant to Order Paragraph 2, shall, unless notified otherwise in writing, be sent to: