STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

WINSLOW BROWNING, INC.,

Respondent.

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Case No. 2005-15851-W

 

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 ("IDEM"), a department of the State of Indiana created by IC 13-13-1-1.

 

2.                  The Respondent is Winslow Browning, Inc. ("Respondent"), which purchased D & L Industrial Finishes, Inc., a paint manufacturing facility, on July 5, 2006, located at 215 Brownsville Avenue, Liberty, Union County, Indiana ("the Site").

 

3.                  IDEM has jurisdiction over the parties and subject matter of this action.

 

4.                  On November 14, 2005, D & L Industrial Finishes, Inc. timely submitted a Self-Disclosure Letter ("Self-Disclosure") to the Complainant in accordance with IDEM's Self-Disclosure and Environmental Audit Policy to self-report violations discovered at the Site.

 

5.                  D & L Industrial Finishes, Inc. had discovered that it did not have an industrial wastewater discharge permit for non-contact cooling water and associated storm water discharge.  The unpermitted discharge was in violation of the following rule:

 

Pursuant to 327 IAC 5-2-2, any discharge of pollutants into waters of the state as a point source discharge is prohibited, except for exclusions made in 327 IAC 5-2-4, unless in conformity with a valid NPDES permit obtained prior to the discharge.

On April 3, 2006, IDEM received a General Permit Application from D & L Industrial Finishes, Inc. for the non-contact cooling water discharge.  The permit was issued by IDEM on May 15, 2006.  Permit No. ING250100 was effective June 2, 2006.  In July 2006, Respondent communicated its new ownership information to the IDEM Office of Water Quality Industrial Permits Section and the permit was transferred to Respondent.

 

6.                  In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.  Further, the issuance of a Notice of Violation in this case is waived.

 

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.                  Upon the Effective Date, Respondent shall ensure that unpermitted discharges do not occur from the site.

 

3.                  Upon the Effective Date, Respondent shall comply with 327 IAC 5-2-2 and Permit No. ING250100.

 

4.                  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.

 

5.                  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.

 

6.                  The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred.  The Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

 

7.                  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 the Respondents pursuant to this Agreed Order, shall not in any way relieve the Respondent of its obligation to comply with the requirements of any applicable permit or order or with any applicable federal or state law or regulation.

 

8.                  The Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that the Respondent’s compliance with any aspect of this Agreed Order will result in compliance with the provisions of any permit or 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 the Respondent may incur as a result of Respondent’s efforts to comply with this Agreed Order.

 

9.                  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 seek additional civil penalties for the above specified violations.

 

10.             Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the United States Environmental Protection Agency ("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 the Respondent may incur as a result of such communications with the EPA or any other agency or entity.

 

11.             This Agreed Order shall remain in effect for one (1) year from the Effective Date.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Winslow Browning, Inc.

 

 

 

By:

 

 

By:

 

 

Mark W. Stanifer, Chief

 

Printed:

 

 

Water Enforcement Section

 

Title:

 

 

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 September 8, 2006

 

Matthew T. Klein

 

Assistant Commissioner

 

of Compliance and Enforcement