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BEFORE
THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT |
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COMMISSIONER
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Complainant, |
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Case
Nos. 2004-14398-A and 2005-14923-A |
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PHELPS
DODGE INDUSTRIES, INC. dba PHELPS DODGE MAGNET WIRE COMPANY, |
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Respondent. |
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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 (“Complainant”) of the
Indiana Department of Environmental Management, a department of the State of
2.
Respondent is Phelps Dodge Industries, Inc. d/b/a Phelps
Dodge Magnet Wire Company ("Respondent"), which owned and operated
the magnet wire coating operation with Plant ID No. 003-00013, located at
3.
Respondent contends that on February 10, 2006, Rea Magnet
Wire, Inc. acquired the assets of and assumed all liabilities, obligations, and
commitments, unless expressly excluded, arising out of or relating to the
magnet wire coating operation at the Site.
4.
The Indiana Department of Environmental Management (“IDEM”)
has jurisdiction over the parties and the subject matter of this action.
5.
Pursuant to IC 13-30-3-3, on March 1, 2006 and April 11,
2006 IDEM issued a Notice of Violation via Certified Mail to:
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Larry
Bagwell, President |
CT
Corporation System, Registered Agent |
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Rea
Magnet Wire Company, Inc. Ft.
J.
Steven Whisler, President Phelps
Dodge Industries, Inc. |
CT
Corporation System, Registered Agent |
6.
A records review was conducted of the Site by a
representative of IDEM’s Office Air Quality (OAQ). The following violations were in existence or
observed at the time of this review:
a.
Pursuant to Part 70 Permit T003-6925-00013, Sections D.1,
D.2, D.3, D.4, D.5 and D.6, the Respondents must operate and maintain the
thermal oxidizers serving the wire enameling ovens at a minimum operating
temperature.
The Respondents failed to meet the minimum temperature of the thermal oxidizers
serving the wire enameling ovens in Sections D.1, D.2, D.3, D.4, D.5 and D.6 of
permit T003-6925-00013 on several dates in 1st, 2nd, 3rd
and 4th Quarters 2003; 1st, 2nd, 3rd
and 4th Quarters 2004; and on several dates in 1st and 2nd
Quarters 2005.
b.
Pursuant to Part 70 Permit T003-6925-00013, conditions
D.1.7(a), D.2.7(a), D.3.8(a), D.4.6(a), D.5.7(a) and D.6.7(a) the Respondents
must operate a continuous monitoring system and record the thermal oxidizer
temperature. If the continuous monitoring
system is not in operation, the temperature shall be recorded manually once
ever 15-minute period.
The Respondents failed to record the thermal oxidizer temperatures from the
wire enameling ovens in Sections D.1, D.2, D.3, D.4, D.5 and D.6 from December
13 – 20, 2002, a violation of permit T003-6925-00013 conditions D.1.7(a),
D.2.7(a), D.3.8(a), D.4.6(a), D.5.7(a) and D.6.7(a).
c.
Pursuant to Part 70 Permit T003-6925-00013, conditions
D.1.8(a)(2), D.2.8(a)(2), D.3.9(b)(1), D.4.7(b)(1), D.5.8(a)(2) and
D.6.8(a)(2), the Respondents shall maintain continuous temperature records (on
an hourly average basis) for the thermal oxidizers.
The Respondents failed to maintain continuous temperature records (on an hourly
average basis) for the thermal oxidizers from the wire enameling ovens in
Sections D.1, D.2, D.3, D.4, D.5 and D.6 from December 13 – 20, 2002, a
violation of permit T003-6925-00013 conditions D.1.8(a)(2), D.2.8(a)(2),
D.3.9(b)(1), D.4.7(b)(1), D.5.8(a)(2) and D.6.8(a)(2).
d.
Pursuant to Part 70 Permit T003-6925-00013, condition
D.10.2(e), the Respondents shall provide a permanent, conspicuous label
summarizing the operation requirements for the cold cleaner operations.
The Respondents failed to post permanent conspicuous labels on each of the cold
cleaners, noted during an inspection on June 10, 2004, a violation of permit
T003-6925-00013, condition D.10.2(e).
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 his 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 Two Hundred and
Sixteen Thousand Dollars ($216,000).
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.
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:
Indiana Department of
Environmental Management
Cashier’s Office - Mail
Code 50-10C
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.
9.
This Agreed Order resolves all violations set out in this
Agreed Order and in the March 1, 2006 and April 11, 2006 Notices of Violation
described in Findings of Fact paragraph 5.
The remainder of this page
intentionally left blank.
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TECHNICAL
RECOMMENDATION: |
RESPONDENT: |
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Department
of Environmental Management |
Phelps
Dodge Industries, Inc. d/b/a Phelps
Dodge Magnet Wire Company |
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By:__________________________ |
By:________________________ |
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David P. McIver Chief, Air Section |
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Office of Enforcement |
Printed:__________________ |
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Title:________________________ |
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Date:__________________________ |
Date:________________________ |
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COUNSEL
FOR COMPLAINANT: |
COUNSEL
FOR RESPONDENT: |
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Department
of Environmental Management |
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By:___________________________ |
By:________________________ |
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Office of Legal Counsel |
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Date:___________________________ |
Date:________________________ |
APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____
DAY OF _______________, 20__.
For the Commissioner:
Signed November 30, 2006
Matthew T. Klein
Assistant Commissioner for
Compliance & Enforcement