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. 2002-12586-A

)

VISTEON SYSTEMS LLC, )

)

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. Respondent's entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding, except a proceeding to enforce this 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 Visteon Systems, LLC. (ARespondent@), which owns and operates a stationary automotive parts manufacturing plant located at 4747 Western Avenue, Connersville, Fayette 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 March 18, 2003, IDEM issued a Notice of Violation via Certified Mail to:

Mr. James Orchard C T Corporation System, Registered

President, North America and Asia Agent for Visteon Systems, LLC

Visteon Systems, LLC 36 South Pennsylvania Street

17000 Rotunda Drive Suite 700

Dearborn, Michigan 48121 Indianapolis, Indiana 46204

5. An inspection on November 4, 2002, was conducted at the Site by a representative of IDEM=s Office of Air Quality (OAQ). The following violations were in existence or observed at the time of this inspection:

a. Pursuant to Permit condition C.19(c)(3) of the Part 70 Permit T041-6896-00004, records of all required monitoring data and support information shall be retained for a period of at least five years from the date of monitoring sample, measurement, report or application. A commitment inspection on November 4, 2002, determined that calibration and maintenance records were not being maintained, a violation of Permit condition C.19(c)(3) of the Part 70 Permit T041-6896-00004.

b. Pursuant to Permit condition D.4.4 of the Part 70 Permit T041-6896-00004, the Permittee shall maintain records of the operating temperature and the gas residence time in the oxidizing zone for each of the two thermal incinerators of the two thermal de-oilers (#1 and #2). A commitment inspection on November 4, 2002, determined that prior to September 23, 2002, records of the operating temperature for the thermal incinerators had not been maintained. Also, provisions for monitoring and recording the gas residence time in the oxidizing zone had not been implemented, a violation of Permit condition D.4.4 of the Part 70 Permit T041-6896-00004.

Pursuant to Permit condition D.8.9(a)(3) and (4) of the Part 70 Permit T041-6896-00004, the Permittee shall maintain continuous temperature records and the gas residence time in the oxidizing zone for the thermal incinerator of the thermal de-oiler #3. A commitment inspection on November 4, 2002, determined that prior to September 23, 2002, records of the continuous temperature of the thermal incinerator had not been maintained. Also, provisions for monitoring and recording the gas residence time in the oxidizing zone had not been implemented a violation of Permit condition D.8.9(a)(3) and (4) of the Part 70 Permit T041-6896-00004.

c. Pursuant to Permit condition D.4.1 and D.8.8(a) of the Part 70 Permit T041-6896-00004, The thermal incinerator shall operate at all times that the process is in operation. When operating the thermal incinerators, the Permittee shall maintain a minimum operating temperature and an established gas residence time in the oxidizing zone. A commitment inspection on November 4, 2002, was unable to determine that the thermal incinerator had been in operation at all times during process operation, a violation of Permit condition D.4.1 and D.8.8(a) of the Part 70 Permit T041-6896-00004.

6. 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 is assessed a civil penalty of Fourteen Thousand and Eight Hundred Dollars ($14,800). 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.

3. 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

4. In the event that the civil penalty required by Order paragraph 2, 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.

5. 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.

6. 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.

7. 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.

8. 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 Visteon Systems, LLC

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: ________________________

Office of Legal Counsel

Date: _______________________ Date: ______________________

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 200 .

 

 

For the Commissioner:

Signed 4/8/04

___________________________

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs