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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
No. 2005-14849-A |
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BRC
RUBBER GROUP, 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.
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 BRC Rubber Group, Inc. (Respondent), which
owns and operates a stationary miscellaneous automotive rubber parts
manufacturing and coating facility (with ID number 009-00002) located at 623
West Monroe St., in Montpelier, Blackford 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 May 24, 2006, IDEM issued a
Notice of Violation via Certified Mail to:
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Charles
V. Chaffee, President |
Clifford
W. Chaffee, Registered Agent |
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BRC
Rubber Group, Inc. |
BRC
Rubber Group, Inc. |
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Highway
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5.
A records review, on or around December 1, 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 records review:
a.
Pursuant to 326 IAC 2-7-10.5 and 326 IAC 2-7-12, an owner or
operator of a Part 70 source proposing to construct new emission units, modify
existing emission units, or otherwise modify the source shall submit a request
for a modification approval.
The respondent constructed a phosphate line, in
January of 2003, a large turntable blaster, small Vac-U Blast and a Goff turntable,
all in January of 2004, without first submitting a request for a source
modification, the permit modification application was received by IDEM on August
30, 2004, a violation of 326 IAC 2-7-10.5 and 326 IAC 2-7-12.
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 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 326 IAC 2-7-10.5 and 326 IAC
2-7-12.
3.
All submittals required by this Agreed Order, unless
notified otherwise in writing, shall be sent to:
Janusz Johnson, Enforcement
Case Manager
Office of Enforcement –
Mail Code 60-02
Indiana Department of
Environmental Management
4.
Respondent is assessed a civil penalty of Twenty Three
Thousand Eight Hundred Dollars ($23,800).
Within thirty (30) days of the Effective Date of the Agreed Order,
Respondent shall pay a portion of this penalty in the amount of Nineteen
Thousand Eight Hundred Sixty Dollars and Fifty Cents ($19,860.50). Said penalty amount shall be due and payable
to the Environmental Management Special Fund. In lieu of payment of the
remaining civil penalty, Respondent shall perform and complete a Supplemental
Environmental Project (“SEP”).
Respondent estimates that this SEP will cost Seven Thousand Eight
Hundred Seventy Nine Dollars ($7,879).
Within thirty (30) days of completing this SEP, Respondent shall submit
written notice and documentation to IDEM which substantiates all actions taken
and costs incurred with respect to the SEP.
In the event that the cost of the SEP is less than Seven Thousand Eight
Hundred Seventy Nine Dollars ($7,879), Respondent shall pay Fifty Percent (50%)
of the difference between the proposed cost of the SEP ($7,879) and the actual
cost of the SEP.
5.
As a Supplemental Environmental Project, Respondent shall reduce
the amount of spent solvents disposed of as hazardous waste by installing and
operating a Model Digit22N Resolv-r® solvent recycling machine at the Site. Respondent shall purchase and install the solvent
recycling machine by no later than December 31, 2006. Respondent shall fully implement these solvent
recycling operations no later than February 3, 2007. Implementation of this SEP will reclaim sixty
percent (60%) or more of the spent solvents from the painting and adhesive
operations, an estimated hazardous waste reduction of 9,600 pounds per year.
6.
In the event that the Respondent does not complete the SEP
by February 3, 2007, the full amount of the civil penalty as stated in
paragraph 4 above, plus interest established by IC 24-4.6-1-101 on the
remaining amount, less the portion of the civil penalty Respondent has already
paid, will be due within fifteen (15) days from Respondent's receipt of IDEM’s
notice to pay. Interest, at the rate
established by IC 24-4.6-1-101, shall be calculated on the amount due from the
date which is thirty (30) days after the Effective Date of this Agreed Order
until the full civil penalty is paid.
7.
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:
Cashier
Indiana Department of
Environmental Management
8.
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.
9.
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.
10.
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.
11.
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.
12.
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: |
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RESPONDENT: |
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Department
of Environmental Management |
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BRC Rubber Group, Inc. |
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David P. McIver |
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Chief, Air Section |
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Office
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COUNSEL
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COUNSEL
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Department
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Date: |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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For
The Commissioner: |
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Signed
on December 18, 2006 |
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Thomas
W. Easterly |
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Commissioner |
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