STATE OF INDIANA

COUNTY OF MARION

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SS:

BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

WEBPLUS, INC.,

Respondent.

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Case No. 2004-14278-A

 

 

AGREED ORDER

 

Complainant and 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 (“IDEM”), a department of the State of Indiana created by Indiana Code (“IC”) 13-13-1-1.

 

2.                  Respondent is WebPlus, Inc. (“Respondent”), which owned and operated a stationary heatset web offset printing press source with Plant ID No. 011-00026, located at 720 Ransdell Road, in Lebanon, Boone County, Indiana (“Site”).

 

3.                  IDEM has jurisdiction over the parties and the subject matter of this action.

 

4.                  Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation on April 26, 2005 via Certified Mail to:

 

Mr. Dennis Turner, President

Mr. Alvin J. Katzman, Registered Agent

Tatham & Associates, Inc.

3905 Vincennes Road, #100

165 Fleet Drive

Indianapolis, IN 46268

Villa Rica, GA 30180

 

 

5.                  During an investigation, on August 30, 2004, conducted by a representative of IDEM, the following violations were found:

 

a.         Pursuant to condition B.12 of FESOP No. 011-11070-00026, this facility, a printing press, must submit an annual compliance certification report which addresses the status of the source’s compliance with the terms and conditions of the FESOP as required by 326 IAC 2-8-5(a)(1), by July 1 of each year to cover the time period from January 1 to December 31 of the previous year.

 

This facility failed to submit the annual compliance certification for the year 2002 by July 1, 2003, and for the year 2003 by July 1, 2004, a violation of this FESOP condition B.12 and 326 IAC 2-8-5(a)(1).

 

b.         Pursuant to conditions D.1.2 and D.2.5 of FESOP No. 011-11070-00026, this facility requires use of the best available control technology (BACT) for the two (2) natural gas fired catalytic oxidizers identified as catalytic oxidizer #1 and #2, respectively, and shall operate with a minimum temperature of 650°F and 550°F, respectively, which addresses the status of the source’s compliance with the terms and conditions of the FESOP as required by 326 IAC 8-1-6.

 

This facility operated below the required temperatures for the two (2) natural gas fired catalytic oxidizers identified as catalytic oxidizer #1 and #2, a violation of FESOP conditions D.1.2, D.2.5 and 326 IAC 8-1-6.

 

c.         Pursuant to conditions D.1.4 and D.2.7 of FESOP No. 011-11070-00026, this facility shall continuously record the combustion chamber temperatures for the two (2) natural gas fired catalytic oxidizers identified as catalytic oxidizers #1 and #2, respectively, in conjunction while operating with the one (1) half web press and dryer, Press #1 and Press #2 respectively, which addresses the status of the source’s compliance with the terms and conditions of the FESOP as required by 326 IAC 2-8-5(a)(1).

 

This facility failed to maintain temperature measurement records for catalytic oxidizers #1 and #2 while operating Press #1 and Press #2, respectively, a violation of FESOP conditions D.1.4, D.2.7 and 326 IAC 2-8-5(a)(1).

 

d.         Pursuant to condition D.2.6 of FESOP No. 011-11070-00026, this facility shall perform volatile organic compound (VOC) testing for overall control efficiency on Press #2 during the period between 30 and 36 months after October 6, 1999, which addresses the status of the source’s compliance with the terms and conditions of the FESOP as required by 326 IAC 2-8-4(3).

 

A performance test, to determine overall VOC control efficiency for Press# 2 was not conducted in the required time frame, a violation of FESOP condition D.2.6 and 326 IAC 2-8-4(3).

 

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 Complainant or Complainant’s delegate, and has been received by Respondent.  This Agreed Order shall have no force or effect until the Effective Date.

 

2.                  Respondent shall comply with conditions B.12, D.1.2, D.2.5, D.1.4, D.2.7, and D.2.6 of FESOP No. 011-11070-00026.

 

3.                  Respondent is assessed a civil penalty of Five Thousand Six Hundred Dollars ($5,600.00).  This penalty reflects a significant reduction from the original proposed civil penalty based upon evidence submitted to IDEM by Respondent which adequately demonstrated Respondent’s inability to pay the original proposed civil penalty.   Said penalty amount shall be payable to the Environmental Management Special Fund in four (4) equal installments of One Thousand Four Hundred Dollars ($1,400.00).  The first installment shall be paid within thirty (30) days of the Effective Date.  In the event that the first installment of the civil penalty is not paid within thirty (30) days of the Effective Date, 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.  The remainder of the installments are as follows:

 

Installment #

Amount

Payment Due

2

$1,400.00

within Sixty (60) days of Effective Date

3

$1,400.00

within Ninety (90) days of Effective Date

4

$1,400.00

within One Hundred Twenty (120) days of Effective Date

 

4.                  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:

 

Indiana Department of Environmental Management

Cashier – Mail Code 50-10C

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

5.                  This Agreed Order shall apply to and be binding upon Respondent and its successors and assigns.  Respondent’s signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.  No change in ownership, corporate, or partnership status of Respondent shall in any way alter its status or responsibilities under this Agreed Order.

 

6.                  In the event that any terms of this 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 this Agreed Order did not contain the invalid terms.

 

7.                  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 is not and shall not be interpreted to be a permit or a modification of an existing permit.  This Agreed Order, and IDEM’s review or approval of any submittal made by Respondent pursuant to this Agreed Order, shall not in any way relieve Respondent of its obligation to comply with the requirements of its applicable permits or any applicable Federal or State law or regulation.

 

9.                  Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that Respondent’s compliance with any aspect of this Agreed Order will result in compliance with the provisions of any permit, order, or any applicable Federal or State law or regulation.  Additionally, IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of Respondent’s efforts to comply with this Agreed Order.

 

10.             Nothing in this Agreed Order shall prevent or limit IDEM’s rights to obtain penalties or injunctive relief under any applicable Federal or State law or regulation, except that IDEM may not, and hereby waives its right to, seek additional civil penalties for the same violations specified in the NOV.

 

11.             Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the EPA or any other agency or entity about any matters relating to this enforcement action.  IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of such communications with the EPA or any other agency or entity.

 

12.             This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

Craig Henry

 

Printed:

 

 

Chief, Air Section

 

Title:

 

 

Office of Enforcement

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

COUNSEL FOR COMPLAINANT:

 

COUNSEL FOR RESPONDENT:

For the Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

 

 

 

 

 

Deputy Attorney General

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2007.

 

 

For the Commissioner:

 

 

 

Signed on August 22, 2007

 

Robert B. Keene

 

Assistant Commissioner

 

Office of Legal Counsel and Enforcement