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. 2002-11604-A

)

MEAD WESTVACO CORPORATION, )

)

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 Mead Westvaco Corporation (ARespondent@), which operates a printing operation located at 6302 Churchman Bypass, in Indianapolis, Marion 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 December 18, 2002 IDEM issued a Notice of Violation via Certified Mail to:

Don Taylor, Vice President C T Corporation, Registered Agent

Mead Westvaco Corporation Mead Westvaco Corporation

2001 Roosevelt Avenue 36 Pennsylvania Street, Suite 700

Springfield, Massachusetts 01101 Indianapolis, Indiana 46204

 

5. A records review, on May 22, 2002, 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 records review:
    1. Pursuant to 326 IAC 2-6-3, Mead Westvaco Corporation shall submit an emission statement to the Commissioner by April 15 of the following year. This facility/source failed to submit an emission statement for 2000 & 2001 by April 15, 2001 & April 15, 2002, a violation of 326 IAC 2-6-3.
    1. 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 2-6-3; as cited under "Findings of Facts".

3. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

Amy L. Moreland, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 6015

Indianapolis, IN 46206-6015

    1. Respondent is assessed a civil penalty of Two Thousand Four Hundred Dollars ($2,400). 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. Civil and stipulated penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Case Number (2002-11604-A) 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

 

6. 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.

7. 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.

8. 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.

9. 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.

10. 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 Mead Westvaco Corporation

By: _________________________ By: _________________________

David P. McIver

Chief, [Section] Air Section Chief Printed: ______________________

Office of Enforcement

Title: ________________________

Date: ________________________ Date: ________________________

 

COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:

Department of Environmental Management

By: _________________________ By: ________________________

Office of Legal Counsel

Date: _______________________ Date: ______________________

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 20__.

 

 

For the Commissioner:

Signed February 28, 2003

___________________________

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs