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STATE OF |
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BEFORE THE INDIANA
DEPARTMENT |
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COMMISSIONER OF THE
DEPARTMENT Complainant, v. IN DUCTILE, LLC 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. Pursuant to IC 13-30-3-3, entry into the terms of this Agreed
Order does not constitute an admission of any violation contained herein. Respondent's entry into this Agreed Order
shall not constitute a waiver of any defense, legal or equitable, which
Respondent may have in any future administrative or judicial proceeding, except
a proceeding to enforce this 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 IN
Ductile, LLC, a/k/a Indiana Ductile, LLC (“Respondent”), which owns and
operates a stationary ductile iron foundry with United States Environmental
Protection Agency (EPA) I.D. No. 057-00002, Title V Permit No. 057-13975-00002, issued on August 28, 2003,
(“Permit”), located at 1600 South 8th Street
in Noblesville, Hamilton 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 10, 2007 via Certified
Mail to:
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Jack Kruse, General Manager IN Ductile, LLC |
Roger L. Mears Registered Agent for IN Ductile, LLC |
5.
During an
investigation including an inspection on January 3, 2007 conducted by a
representative of IDEM, the following violations were found:
a. Pursuant
to Condition D.2.5 of the Permit, Respondent shall operate wet collectors to control
particulate at all times when the casting machines and cooling lines are in
operation. Operation of the wet
collectors to control particulate is necessary to comply with Conditions D.2.1
and D.2.2 of the Permit which set out limitations on particulate matter
emissions to avoid applicability of 326 IAC 2-2 (Prevention of Significant
Deterioration), and comply with 326 IAC 6-3-2 (Particulate Emission Limitations
for Manufacturing Processes), respectively.
Respondent failed to control particulate matter emissions from the casting
machines (pouring) and cooling lines with the wet collector because there was
no ductwork connecting the collection system for these operations to the
control device, in violation of Condition D.2.5 of the Permit.
6.
Respondent
installed new duct work and repaired existing collection systems to direct
captured emissions from the casting machines to the wet collector on February
28, 2007.
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
capture and control emissions from the pouring/casting operations at all times when the
casting machines are in operation.
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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Janusz
Johnson, 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 Ten Thousand dollars ($10,000). Said penalty amount shall be due and payable
to the Environmental Management Special Fund in twenty-four (24) monthly
payments. The first twenty-three (23)
payments shall be Four Hundred Seventeen dollars ($417) each and the final
payment shall be Four Hundred Nine dollars ($409). The first payment shall be due within thirty
(30) days of the Effective Date. In the
event that the civil penalty is not paid within twenty-four (24) months of the
Effective Date, 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.
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.
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.
9.
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.
10.
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.
11.
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.
12.
Nothing in this
Agreed Order shall prevent IDEM 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.
13.
This Agreed
Order shall remain in effect until IDEM issues a Resolution of Case letter to
Respondent.
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TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental Management |
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IN Ductile, LLC |
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Craig Henry |
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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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For the Department of Environmental Management |
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Deputy Attorney General |
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APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY
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, 2008. |
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For the Commissioner: |
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Signed on April 4, 2008 |
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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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