STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) Case No. 2002-11359-A
)
BOHN ALUMINUM, 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 (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 Bohn Aluminum, Inc. (ARespondent@), which owns and operates a stationary secondary aluminum foundry and die casting operation plant. The source is located at 6378 U.S. Highway 6 West, Butler, Dekalb 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 May 29, 2002, IDEM issued a Notice of Violation via Certified Mail to:
Mr. Gordon Madlock, President C. T. Corporation
Bohn Aluminum, Inc. Registered Agent for Bohn Aluminum, Inc.
6378 U. S. Hwy. 6 West 36 South Pennsylvania Street
P.O. Box 80 Suite 700
Butler, Indiana 46721 Indianapolis, Indiana 46204
5. A records review was conducted by a representative of IDEM=s Office of Air Quality (OAQ). The following violations were in existence or observed at the time of this review:
a. Pursuant to 326 IAC 2-1-3, a source or facility which has allowable emissions of twenty-five (25) tons or more per year of any regulated pollutant shall apply for and obtain a construction permit prior to commencing construction. Two (2) reverberatory furnaces located at this source, a stationary secondary aluminum foundry and die casting operation plant, were constructed without first applying for and obtaining a construction permit, a violation of 326 IAC 2-1-3.
b. Pursuant to 326 IAC 2-1-4, a source or facility which has allowable emissions of twenty-five (25) tons or more per year of any regulated pollutant shall apply for and obtain an operating permit prior to commencing operation. Two (2) reverberatory furnaces located at this source, a stationary secondary aluminum foundry and die casting operation plant, began operating without first applying for and obtaining an operating permit, a violation of 326 IAC 2-1-4.
c. Pursuant to the Federally Enforceable State Operating Permit (FESOP) F033-7938-00016, Permit Condition D.1.2, reverberatory furnace A-5 has allowable HCL emissions of 0.3343 lb/lb of hexachloroethane. A compliance test showed average HCL emissions of 0.3650 lb/lb of hexachloroethane, a violation of FESOP F033-7938-00016, Permit Condition D.1.2.
d. Pursuant to the Federally Enforceable State Operating Permit (FESOP) F033-7938-00016, Permit Condition D.1.2, reverberatory furnace A-13 has allowable HCL emissions of 0.3343 lb/lb of hexachloroethane. A compliance test showed average HCL emissions of 0.5769 lb/lb of hexachloroethane, a violation of FESOP F033-7938-00016, Permit Condition D.1.2.
6. A performance test for tetra-, penta-, hexa-, and octachlorinated dibenzo dioxins and furans (D/F) was conducted on Reverberatory Furnace A13 on April 9, 2003.
7. 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 conduct a performance test as required by the Fourth Significant Permit Revision F033-16754-00016, Operating Condition D.1.12(a) on Reverberatory Furnace A5 to measure the concentration of tetra-, penta-, hexa-, and octachlorinated dibenzo dioxins and furans (D/F) to demonstrate compliance with applicable permit conditions. This test shall be conducted within one hundred and eighty (180) days from issuance of the Fourth Significant Permit Revision F033-16754-00016.
3. Respondent is assessed a civil penalty Thirty Seven Thousand and Three Hundred and Seventy Five Dollars ($37,375). The civil penalty shall be paid in the following manner: six-month payment plan consisting of one (1) monthly installment of Six Thousand and Two Hundred and Thirty Dollars ($6,230) and five (5) monthly installments of Six Thousand and Two Hundred and Twenty Nine Dollars ($6,229). Said penalty amount shall be due and payable to the Environmental Management Special Fund. The first installment shall be made within 30 days of the Effective Date of this Agreed Order; all following installments are due no later than the 30th of each month thereafter until paid in full.
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
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
5. In the event that the civil penalty required by Order paragraph 3, is not paid in accordance with the payment schedule set forth in Section II, Paragraph 2, 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 Bohn Aluminum, Inc.
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: ________________________
Jay Rodia
Office of Legal Counsel
Date: _______________________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 200 .
For the Commissioner:
September 12, 2003
___________________________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs