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BEFORE
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ENVIRONMENTAL
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COMMISSIONER
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Complainant, |
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Case
No. 2002-12351-A |
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REUNION
INDUSTRIES, INC., DBA |
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ORC
PLASTICS, 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 Reunion Industries, Inc., DBA ORC Plastics,
Inc. (“Respondent”), which owns and operates the stationary bulk and sheet
plastic compounding and thermoset parts fabrication facility with Plant ID
157-00014, 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 April 29, 2003 IDEM issued a
Notice of Violation via Certified Mail to:
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Charles
E. Bradley Sr., President |
Corporation
Services Company, Registered Agent |
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Reunion
Industries, Inc. dba |
C/O
Reunion Industries, Inc.DBA ORC Plastics, Inc. |
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ORC
Plastics, Inc. |
One
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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 records
review:
a.
Pursuant to 326 IAC 2-7-3, any Part 70 source which has
failed to submit a timely and complete Part 70 permit application may not
operate after the time that it is required to submit the Part 70 permit
application. This source continued to
operate following the December 13, 1996 Part 70 permit submission deadline and
prior to applying for and receiving a Part 70 permit, a violation of 326 IAC
2-7-3.
b.
Pursuant to 326 IAC 2-7-4, the owner of each Part 70 source
shall submit a timely and complete permit application. This source’s Part 70 permit application was
received after the December 13, 1996 submission deadline, a violation of 326
IAC 2-7-4
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IDEM received an application for a Part 70 Operating Permit
from Respondent on March 9, 2001, and subsequently issued a Title 5 Permit to
Respondent on April 12, 2002.
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 comply with the provisions of Part 70
Permit No. T 157-14045-00014.
3.
All submittals required by this Agreed Order, unless
notified otherwise in writing, shall be sent to:
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Matthew Stuckey, Case Manager |
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Office of Enforcement |
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Indiana Department of Environmental Management |
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4.
Respondent is assessed a civil penalty of Four Thousand Two
Hundred Fifty Dollars ($4,250). 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 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:
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Cashier – Mail Code 50-10C |
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Indiana Department of Environmental Management |
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6.
In the event that the civil penalty required by Order
paragraph four (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 the terms and conditions of Order paragraph four (4).
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TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental
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Reunion Industries, Inc.,
DBA |
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ORC Plastics, Inc |
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By: |
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By: |
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David P. McIver |
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Chief, Air Section |
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Printed: |
TJ Vogel |
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Office of Enforcement |
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Title: |
VP Admin____ |
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Date: |
_08/12/05________ |
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Date: |
_9/13/05_______ |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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Department of
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By: |
______________________ |
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By: |
Guinn P. Doyle |
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Jay Rodia, Attorney |
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Office of Legal Counsel |
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Date: |
_09/26/05_______ |
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Date: |
_09/23/05_____ |
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APPROVED AND ADOPTED BY
THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
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DAY OF |
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For The Commissioner: |
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Signed 09/27/05 |
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Matthew T. Klein |
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Assistant Commissioner |
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of Compliance and
Enforcement |
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