|
STATE OF |
) |
SS: |
BEFORE THE INDIANA DEPARTMENT OF |
||||
|
|
) |
|
|
||||
|
|
) |
|
ENVIRONMENTAL MANAGEMENT |
||||
|
|
|||||||
|
COMMISSIONER OF THE DEPARTMENT |
) |
|
|||||
|
OF ENVIRONMENTAL MANAGEMENT, |
|
) |
|
||||
|
|
|
) |
|
||||
|
Complainant, |
|
) |
|
||||
|
|
|
) |
|
||||
|
|
v. |
|
) |
Case No. 2004-14316-A |
|||
|
|
|
) |
|
||||
|
MERRILL MANUFACTURING 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 Merrill Manufacturing Inc. (“Respondent”), which owns and operates the
waterbed wood frame production company, with ID No. 143-00015 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 August 3, 2005 IDEM issued a Notice of Violation via
Certified Mail to:
|
|
|
|
Merrill
Manufacturing, Inc. |
Merrill
Manufacturing, Inc. |
|
214 N.
Crystal Gayle Heights |
|
|
|
|
5.
An inspection, on September 21, 2004, 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 IAC 6-3-2(d) and condition D.1.5 of FESOP
No. 14946, in order to comply with condition D.1.3, dry filters for PM control
shall be in operation at all times when coating booths SB-1, SB-2 and SB-3 are
in operation.
This source failed to maintain dry filters in place while operating SB-1 and
SB-2, a violation of 326 IAC 6-3-2(d) and condition D.1.5.
b.
Pursuant to condition D.1.8 of FESOP No. 14946, the source
shall perform weekly inspections of all three spray booths, SB-1, SB-2 and
SB-3. This source failed to perform the
compliance monitoring requirement, a violation of condition D.1.8.
c.
Pursuant to condition D.1.9 of FESOP No. 14946, the source
shall record weekly inspections of all three spray booths, SB-1, SB-2 and
SB-3. This source failed to perform the
record keeping requirement, a violation of condition D.1.9.
d.
Pursuant to condition D.2.5 of FESOP No. 14946, the source
shall record normal or abnormal emissions from the woodworking operation stack
exhaust. This source failed to perform
the compliance monitoring requirement, a violation of condition D.2.5.
2.
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 condition D.1.5, condition
D.1.8, condition D.1.9, and condition D.2.5 of FESOP No. 14946.
3.
All submittals required by this Agreed Order, unless
notified otherwise in writing, shall be sent to:
|
Brenda Mathews, Enforcement Case Manager |
|
Office of Enforcement |
|
Indiana Department of Environmental Management |
|
|
|
|
|
|
4.
Respondent is not assessed a civil penalty. This reflects a
significant reduction based upon evidence submitted by the Respondent which
adequately demonstrated an inability to pay.
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 |
Merrill Manufacturing, Inc.. |
|
|
|
|
By:
__________________________ |
By: Jeff Merrill _____________ |
|
David P. McIver |
|
|
Chief, Air Section |
|
|
Office of Enforcement |
Printed:
__________________ |
|
|
|
|
|
Title: President_____________ |
|
|
|
|
Date: Signed on December 1, 2005 |
Date: Signed on December 13, 2005 |
|
|
|
|
|
|
|
COUNSEL
FOR COMPLAINANT: |
COUNSEL
FOR RESPONDENT: |
|
Department
of Environmental Management |
|
|
|
|
|
By: Hala Silvey ___________ |
By:
________________________ |
|
Office of Legal Counsel |
|
|
|
|
|
Date: Signed December 30, 2005___ |
Date:
________________________ |
|
|
||||||
|
APPROVED AND ADOPTED BY THE
INDIANA DEPARTMENT OF ENVIRONMENTAL |
||||||
|
MANAGEMENT THIS |
|
DAY OF |
|
, 200 |
|
. |
|
|
||||||
|
|
For The Commissioner: |
|||||
|
|
|
|||||
|
|
Signed on December 30,
2005 |
|||||
|
|
Matthew T. Klein |
|||||
|
|
Assistant Commissioner |
|||||
|
|
of Compliance and Enforcement |
|||||