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STATE OF |
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BEFORE THE INDIANA
DEPARTMENT |
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COMMISSIONER OF THE
DEPARTMENT Complainant, v. BRUCO INDUSTRIES d/b/a
QUIKCUT, INC., Respondent. |
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AGREED ORDER
Complainant and 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 (“IDEM”), a department of the State of
2.
Respondent is
Bruco Industries, Inc. d/b/a QuikCut, Inc. (“Respondent”), which owns and operates
the stationary large metal storage container fabricating facility with FESOP
Permit No. 003-17689-00289 (“Permit”), located at 4630 Allen Martin Drive, in Fort
Wayne, Allen County, Indiana (“Site”).
3.
IDEM has
jurisdiction over the parties and the subject matter of this action.
4.
Pursuant to IC
13-30-3-3, IDEM issued a Notice of Violation on April 6, 2005 via Certified
Mail to:
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Mr.
Bruce A. Berlien, President |
Mr.
Bruce A. Berlien, President |
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Bruco
Industries, Inc. |
Bruco
Industries, Inc. |
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d/b/a
QuikCut, Inc. |
d/b/a
QuikCut, Inc. |
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5.
During an
investigation conducted by a representative of IDEM, the following violation was
found:
a.
Pursuant to
Condition B.11 of the Permit, Respondent must submit an annual compliance
certification (“ACC”) which addresses the status of the source’s compliance
with the terms and conditions of the Permit as required by 326 IAC 2-8-5(1), by
July 1 of each year to cover the time period from January 1 to December 31 of
the previous year, this source failed to submit their ACC by July 1 2005, in
violation of the Permit Condition.
6. The ACC
to cover the time period from January 1, 2004 to December 31, 2004 was received
January 31, 2006
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 Complainant
or Complainant’s delegate, and has been received by Respondent. This Agreed Order shall have no force or
effect until the Effective Date.
2.
Respondent shall
comply with permit condition listed in the findings.
3.
All submittals
required by this Agreed Order, unless Respondent is notified otherwise in
writing by IDEM, shall be sent to:
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Matthew
Chaifetz, Enforcement Case Manager |
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Office
of Enforcement – Mail Code 60-02 |
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Indiana
Department of Environmental Management |
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4. Respondent
is assessed a civil penalty of Three Thousand Four Hundred Dollars ($3,400.00). Within thirty (30) days of the Effective Date
of the Agreed Order, Respondent shall pay a portion of this penalty in the
amount of Six Hundred Eighty Dollars ($680.00). 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 Five Thousand Six Hundred
Thirty-Six Dollars and Fifty Cents ($5,636.50).
Within Sixty (60) 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 Five Thousand Four
Hundred Forty Dollars ($5,440.00), Respondent shall pay Fifty percent (50%) of
the difference between the proposed cost
of the SEP and the actual cost
of the SEP.
As
a Supplemental Environmental Project, Respondent shall install and operate two
additional 3-stage filtration dust collection units in the assembly and welding
area. Additionally, respondent will
install a vinyl curtain to separate and contain welding smoke and particles
from the welding area and the rest of the shop.
Respondent shall complete installation and commissioning of the
equipment and curtain by no later than March 31, 2007. Implementation of this SEP will help control
and contain air-borne particulate benefiting employees’ health, minimize
fugitive dust escaping from the facility and reducing energy used for
conditioning of the work space.
In
the event that the Respondent does not complete the SEP by March 31, 2007, the
full amount of the civil penalty as stated in paragraph four (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.
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:
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Indiana
Department of Environmental Management |
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Cashier
– Mail Code 50-10C |
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6.
This Agreed
Order shall apply to and be binding upon Respondent and its successors and
assigns. Respondent’s signatories to this Agreed Order certify that they are
fully authorized to execute this Agreed Order and legally bind the party they
represent. No change in ownership,
corporate, or partnership status of Respondent shall in any way alter its
status or responsibilities under this Agreed Order.
7.
In the event
that any terms of this 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 this Agreed Order did not contain the invalid terms.
8.
This Agreed
Order is not and shall not be interpreted to be a permit or a modification of
an existing permit. This Agreed Order,
and IDEM’s review or approval of any submittal made by Respondent pursuant to
this Agreed Order, shall not in any way relieve Respondent of its obligation to
comply with the requirements of its applicable permit or any applicable Federal
or State law or regulation.
9.
Complainant does
not, by its approval of this Agreed Order, warrant or aver in any manner that
Respondent’s compliance with any aspect of this Agreed Order will result in
compliance with the provisions of any permit, order, or any applicable Federal
or State law or regulation.
Additionally, IDEM or anyone acting on its behalf shall not be held
liable for any costs or penalties Respondent may incur as a result of
Respondent’s efforts to comply with this Agreed Order.
10.
Nothing in this
Agreed Order shall prevent or limit IDEM’s rights to obtain penalties or
injunctive relief under any applicable Federal or State law or regulation,
except that IDEM may not, and hereby waives its right to, seek additional civil
penalties for the same violations specified in the NOV.
11.
Nothing in this
Agreed Order shall prevent IDEM or anyone acting on its behalf from
communicating with the EPA or any other agency or entity about any matters
relating to this enforcement action.
IDEM or anyone acting on its behalf shall not be held liable for any
costs or penalties Respondent may incur as a result of such communications with
the EPA or any other agency or entity.
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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David P. McIver |
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Chief, Air Section |
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Office of Enforcement |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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Department of Environmental Management |
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Office of Legal Counsel |
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APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL |
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MANAGEMENT THIS |
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, 2007. |
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For The Commissioner: |
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Signed on January 12, 2007 |
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Robert B. Keene |
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Assistant Commissioner |
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Office of Legal Counsel and Enforcement |
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