STATE OF INDIANA            )                       BEFORE THE INDIANA DEPARTMENT







Complainant,                                        )


v.                                             )           Case No. 2003-13450-A


SAINT-GOBAIN CONTAINERS, INC.                    )


Respondent.                                         )




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.




1.         Complainant is the Commissioner (Complainant”) of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.


2.         Respondent is Saint-Gobain Containers, Inc., (“Respondent”), which operates a glass container manufacturing plant located at 524 East Center Street in Dunkirk, Jay County, Indiana (“Site”).


            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 February 18, 2004, IDEM issued a Notice of Violation via Certified Mail to:


                                    Bruce Cowgill, President                                   CT, Registered Agent

                                    Saint-Gobain Containers, Inc.                           Saint-Gobain Containers, Inc.

                                    604 South Pinehurst                                          365 South Pennsylvania

                                    Yorktown, Indiana 47396                                 Indianapolis, Indiana 46204


      5.               An inspection, on August 21, 2003, 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 326 5-1-2(1)(A), visible emissions from a source or facility located in an attainment area for particulate matter shall not exceed an average of forty percent (40%) opacity in twenty-four (24) consecutive readings.


As noted in the inspection, visible emissions from routine maintenance at truss conveyor #1 exceeded the allowable opacity limit of 40%.  Specifically, the average opacity during two (2) six (6) minute periods, or for twenty-four (24) consecutive readings was determined to be fifty-two percent (52%) and forty-eight percent (48%) respectively, violations of  326 IAC 5-1-2(1)(A).


6.                              The Respondent installed a tarp and covered tub at the end of the discharge chute to minimize dust from the maintenance of the truss conveyor in the future.


7.                              In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed 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 all applicable requirements contained in 326 IAC 5-1-2.


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


4.                              Respondent is assessed a civil penalty of Five Thousand Dollars ($5,000).  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 (2003-13450-A) of this action and shall be mailed to:



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 Order Paragraph numbers 4, 5, and 6 of this Agreed Order.


TECHNICAL RECOMMENDATION:                       Saint-Gobain Containers, Inc.

Department of Environmental Management                   


By: _________________________                              By: _________________________

                        David P. McIver

Chief, [Section]                        Chief, Air Section                                             Printed: ______________________

                                    Office of Enforcement                          

                                                                                                            Title: ________________________


Date: ________________________                           Date: ________________________




Department of Environmental Management


By: _________________________                            By: ________________________

       Office of Legal Counsel                                               


Date: _______________________                             Date: ______________________







For the Commissioner:


                                                                                    Signed October 6, 2004


Felicia A. Robinson

Deputy Commissioner

for Legal Affairs