) SS: OF ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) Case No. 2003-13107-A
)
BLASTECH, 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 (“Complainant”)
of the Indiana Department of Environmental Management, a department of the
State of
2. Respondent is Blastech, Inc. (“Respondent”), which owns and operates a steel plate conditioning and painting plant located at 411 Blaine Street, Gary, Lake County, Indiana (ASite@).
3. The
4. Pursuant to IC 13-30-3-3, on
Mr. Terrence F. Weirren, President Mark Johnson, Registered Agent
Blastech, Inc. for Blastech, Inc.
5. A record review on
a. Pursuant to Permit Condition D.1.9 of the Part 70 Permit Number F089-14468-00100, a PM and PM10 compliance emission test for baghouse CD-1 was to be completed within sixty days after achieving maximum rate, but no less than 180 days after initial start-up.
A compliance test for this unit was not conducted 180 days after start-up, a violation of Permit Condition D.1.9 of the Part 70 Permit Number F089-14468-00100.
b. Pursuant to Permit Condition D.2.10 of the Part 70 Permit Number F089-14468-00100, a VOC and PM10 compliance emission test for the regenerative thermal oxidizer CD-2 was to be completed within sixty days after achieving maximum rate, but no less than 180 days after initial start-up.
A compliance test for this unit was not conducted 180 days after start-up, a violation of Permit Condition D.2.10 of the Part 70 Permit Number F089-14468-00100.
6. The
Respondent conducted the required compliance test for CD-1 and CD-2 on
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 is assessed a civil penalty of Six Thousand Eight Hundred Dollars ($6,800.00). Said penalty amount shall be due and payable to the Environmental Management Special Fund in four equal installment payments of One Thousand Seven Hundred Dollars ($1,700.00) according to the following payment plan: the first installment payment shall be made within thirty (30) days of the Effective Date of this Agreed Order; the remainder of payments shall me made not later than on the thirtieth of each following month until the balance has been paid in full.
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
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 Blastech, 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:
________________________
Joseph Merrick
Office of
Legal Counsel
Date: _______________________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 2004.
For the Commissioner:
Signed on
___________________________
Felicia A. Robinson
Deputy Commissioner
for
Legal Affairs