STATE OF INDIANA

COUNTY OF MARION

)
)
)


SS:

BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

NEWCO METALS PROCESSING INC.,

Respondent.

)
)
)
)
)
)
)
)
)
)






Case No. 2005-14755-A




 

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 Indiana created by IC 13-13-1-1.

 

2.         Respondent is Newco Metals Processing, Inc. (“Respondent”), which owns and operates a stationary aluminum processing source (with ID number 093-05064) located at 4635 Peerless Road in Bedford, Lawrence County, Indiana (the “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 April 3, 2006, IDEM issued a Notice of Violation via Certified Mail to:

 

Elwin Kipp Barber, President & Registered Agent

Newco Metals Processing, Inc.

7268 South SR 13

Pendleton, IN  46064

 

5.         A stack test, on February 4-5, 2004, was conducted at the Site by RMC Environmental Inc., the results of this test were reviewed by a representative of IDEM’s Office of Air Quality (OAQ).  The following violation was in existence or observed at the time of this stack test:

 

a.                  Pursuant to condition D.2.2(b) of Title V permit # 093-7641-05064, PM10 emissions from the rotary furnace shall not exceed 3.42 pound per hour.


During the February 4-5, 2004 compliance test PM10 emissions were tested to be 4.59 lbs/hr, a violation of Condition D.2.2(b) of Title V permit # 093-7641-05064.

 

6.                  On March 9, 2004 a retest was conducted at the site, all sources that failed the February 4-5, 2004 test, tested in compliance with condition D.2.2(b) of Title V permit # 093-7641-05064.

 

7.                  A stack test, on March 1, 2005, was conducted at the Site by Air Analysis Inc., the results of this test were reviewed by a representative of IDEM’s Office of Air Quality (OAQ). The following violation was in existence or observed at the time of this stack test:

 

b.                  Pursuant to 40 CFR 63 and condition D.2.4 of Title V permit # 093-7641-05064, subpart RRR, the rotary furnace’s PM emissions shall not exceed 0.40 lb/ton of feed/charge.

During the March 1, 2005 compliance test PM emissions were tested to be 0.527 lb/ton of feed/charge, a violation of 40 CFR 63, subpart RRR and condition D.2.4 of Title V permit # 093-7641-05064.

 

8.                  On May 5, 2006, a retest was conducted at the site, all sources that failed the March 1, 2005 test, tested in compliance with 40 CFR 63 and condition D.2.4 of Title V permit # 093-7641-05064.

 

9.                  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 shall comply with 40 CFR 63 and conditions D.2.2(b) and D.2.4 of Title V permit # 093-7641-05064.

 

3.                  All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

 

Kristopher M. Grinnell, Enforcement Case Manager

Office of Enforcement – Mail Code 60-02

Indiana Department of Environmental Management

100 N. Senate Avenue

Indianapolis, IN 46204-2251

 

4.                  Respondent is assessed a civil penalty of Fourteen Thousand Dollars ($14,000.00).  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 of this action and shall be mailed to:

 

Indiana Department of Environmental Management

Cashiers Office – Mail Code 50- 10C

100 N. Senate Avenue

Indianapolis, IN 46204-2251

 

6.                  In the event that the civil penalty required by Order paragraph No. 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 this Agreed Order.

 

 

[Remainder of this page was intentionally left blank]

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Newco Metals Processing, Inc.

 

 

 

By:

 

 

By:

 

 

David P. McIver

 

Printed:

Dan Chenoweth

 

Chief, Air Section

 

Title:

President

 

Office of Enforcement

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

COUNSEL FOR COMPLAINANT:

 

COUNSEL FOR RESPONDENT:

Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

 

 

 

 

 

Office of Legal Counsel

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2006.

 

 

For The Commissioner:

 

 

 

Signed on August 21, 2006

 

Matthew T. Klein

 

Assistant Commissioner

 

of Compliance and Enforcement