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.

Romark Industries, Inc.,

Respondent.

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Case No. 2008-17835-A

 

 

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 Indiana created by Indiana Code (“IC”) 13-13-1-1.

 

2.                  Respondent is Romark Industries, Inc. (“Respondent”), which owns and operates a metal burial casket manufacturing plant with ID number177-00057 located at 1751 South 8th Street in Richmond, Wayne County, Indiana (the “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 (“NOV”) on June 11, 2008 via Certified Mail to:

 

Danny J. Sullivan, President

Danny J. Sullivan, Registered Agent for

Romark Industries, Inc.

Romark Industries, Inc.

2489 South 23rd Street`

1751 South 8th Street

Richmond, IN 47374

Richmond, IN 47374

 

5.                  Based on a record reviews conducted by IDEM, the following violation was found:

 

Pursuant to 40 CFR 63. 3890(b)(1), For each existing general use coating affected source, limit organic Hazardous Air Pollutant (“HAP”) emissions to no more than 2.6 lb organic HAP per gallon coating solids used during each 12-month compliance period.

Based on the Notification of Compliance Status, submitted March 3, 2008, and the correction submitted April 1, 2008, Respondent exceeded 2.6 lb organic HAP per gallon coating solids during the 12 month initial compliance period ending January 31, 2008, in violation of 40 CFR 63. 3890(b)(1).

 

6.                  On August 6, 2008, Respondent waived the issuance of a Notice of Violation for the following violations:

 

Pursuant to 40 CFR 63.3890(b)(1), For each existing general use coating affected source, limit organic Hazardous Air Pollutant (“HAP”) emissions to no more than 2.6 lb organic HAP per gallon coating solids used during each 12-month compliance period.

Pursuant to 40 CFR 63.3942, a compliance period consists of 12 months, consisting of that month and the preceding 11 months.

Based on the Semi-Annual Report, submitted August 6, 2008, Respondent exceeded 2.6 lb organic HAP per gallon coating solids for the months of February, March, April and May in 2008, in violation of 40 CFR 63.3890(b)(1) and 40 CFR 63.3942].

 

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 Part 70 Permit No. 177-24290-00057 and 40 CFR 63 Subpart MMMM.

 

3.                  All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

 

Matthew Chaifetz, Case Manager

Enforcement  Section – Mail Code 60-02

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

4.                  Respondent is assessed a civil penalty of Thirty Thousand Dollars ($30,000.00).  The civil penalty shall be paid in the following manner: an initial payment of Five Thousand Dollars ($5,000) shall be due and payable to the “Environmental Management Special Fund” within forty-five (45) days of the Effective Date, five (5) additional payments of Five Thousand Dollars ($5,000) will be due every thirty (30) days thereafter until all payments are made.  In the event that a payment of the civil penalty is not paid within the established time period, the balance of the penalty shall become due.  Interest shall accrue on unpaid amounts at the rate established by IC 24-4.6-1-101.

 

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:

 

Indiana Department of Environmental Management

Cashier – Mail Code 50-10C

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

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.                  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 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.

 

13.             This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

Craig Henry, Chief

 

Printed:

 

 

Compliance and Enforcement Section 4

 

Title:

 

 

Office of Air Quality

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

COUNSEL FOR COMPLAINANT:

 

COUNSEL FOR RESPONDENT:

For the Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

Deputy Attorney General

 

 

 

 

 

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2009.

 

 

For the Commissioner:

 

 

 

Signed on June 22, 2009

 

Daniel Murray

 

Assistant Commissioner

 

Office of Air Quality