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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. 2006-15501-A |
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OXBOW
CARBON & MINERALS, |
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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 Oxbow Carbon & Minerals
("Respondent"), which owns and operates the facility with Plant ID
No. 029-00023, 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, IDEM issued a Notice of Violation
via Certified Mail to:
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Brian
L. Acton, President Oxbow
Carbon & Minerals |
Corporation
Service Company, Registered
Agent Oxbow
Carbon & Minerals |
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5.
An inspection on February 8, 2006, was conducted at 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 inspections:
a. Pursuant to 326 IAC 6-4-2(4), no source shall allow fugitive
dust to visibly cross the boundary or property line of a source. This source
allowed fugitive emissions to blow off an unnamed paved road and cross the
southern property line at ground level, a violation of 326 IAC 6-4-2(4).
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 the rules which Respondent was
found to be in violation; as cited under "Findings of Facts".
3.
Respondent shall comply with 326 IAC 6-4.
4.
Respondent shall increase the frequency of sweeping and
wetting the road.
Respondent shall maintain a record of when sweeping
occurs.
Respondent shall place speed bumps and speed limit
signs to control speed and dust.
Speed shall be limited to five miles per hour and
speed bumps shall be installed by the end of June, 2006.
Respondent shall install additional screening to
existing fence to minimize offsite transport of dust and particulates.
5.
Respondent is assessed a civil penalty of One Thousand Five
Hundred Dollars ($1,500). 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.
6.
In the event the terms and conditions of paragraph three are
violated, the Complainant may assess and the Respondent shall pay a stipulated penalty
in the following amount:
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Violation |
Penalty |
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Failure to
comply with Order paragraph three |
$100 per
week |
7.
Stipulated penalties shall be due and payable within thirty
(30) days after Respondent receives written notice that the Complainant has
determined a stipulated penalty is due.
Assessment and payment of stipulated penalties shall not preclude the
Complainant from seeking any additional relief against the Respondent for
violation of the Agreed Order. In lieu
of any of the stipulated penalties given above, the Complainant may seek any
other remedies or sanctions available by virtue of Respondent’s violation of
this Agreed Order or Indiana law, including, but not limited to, civil
penalties pursuant to IC 13-30-4.
8.
Civil and stipulated 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
9.
In the event that the civil penalty required by Order
paragraph five 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.
10. 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.
11. 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.
12. 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.
13. 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 |
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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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Julie Alexander, Deputy Attorney General Office of Legal Counsel |
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Date:
___________________________ |
Date:
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____
DAY OF _______________, 20__.
For the Commissioner:
Signed June 27, 2006
Matthew T. Klein
Assistant Commissioner for
Compliance & Enforcement