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BEFORE
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OF ENVIRONMENTAL
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COMMISSIONER
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OF ENVIRONMENTAL
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Complainant, |
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Case No. 2005-14489-A |
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DAUBERT VCI, INC. |
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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 Daubert VCI, Inc. ("Respondent"), which
owned and operated the coated paper production plant with Plant ID No.
149-00021, formerly 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 January 13, 2006, IDEM issued a
Notice of Violation via Certified Mail to:
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M. Lawrence Garman, President |
CT Corporation System, Registered Agent |
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Daubert VCI, Inc. |
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5.
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 326 IAC 2-7-3, no Part 70 source may operate
after the time that it is required to submit a timely and complete application
except in compliance with a Part 70 permit issued under this rule. A source can continue to operate without
being in violation of this rule if it submits a timely and complete
application.
The Respondent operated without submitting a timely and complete Part 70 permit
application, a violation of 326 IAC 2-7-3.
b)
Pursuant to 326 IAC 2-7-4 a timely Part 70 application is
one that is received within twelve (12) months after the source becomes subject
to the Part 70 permit program. For
applicable sources in existence on December 14, 1995, the deadline is December
13, 1996. For other sources, the
deadline is twelve (12) months from the date the source first meets an
applicability criterion of section 2 of this rule.
The Respondent failed to submit a timely Part 70 application, a violation of
326 IAC 2-7-4.
6.
Respondent requested on December 21, 2005 that their permit
149-19123-00021 be revoked due to the source going out of business and all
equipment having been removed from the source.
On January 6, 2006, IDEM revoked Respondent’s permit.
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 Three Thousand Four
Hundred Dollars ($3,400). 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:
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Indiana Department of Environmental Management |
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Cashier’s Office - Mail Code 50-10C |
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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.
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TECHNICAL RECOMMENDATION: |
RESPONDENT |
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Department of Environmental Management |
Daubert VCI, Inc. |
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By: |
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David P. McIver |
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Chief, Air Section |
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_____________________ |
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Office of Enforcement |
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Title: |
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Date: |
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COUNSEL FOR COMPLAINANT: |
COUNSEL FOR RESPONDENT: |
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Department of Environmental Management |
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By: |
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By: |
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Office of Legal Counsel |
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Date: |
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Date: |
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APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL |
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MANAGEMENT
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DAY OF |
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For the Commissioner: |
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Signed 3/13/06__________ |
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Matthew T. Klein |
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Assistant Commissioner for |
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Compliance & Enforcement |
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