STATE OF INDIANA

COUNTY OF MARION

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SS:

BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

PRESS-SEAL GASKET CORPORATION,

Respondent.

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Case No. 2008-17934-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 Press-Seal Gasket, Corporation (“Respondent”), which owns and operates the stationary rubber seal and gasket manufacturing operation with Plant ID No. 003-00360, located at 2424 West State Blvd., 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 (“NOV”) on August 27, 2008 via Certified Mail to: James W. Skinner, President and Registered Agent, Press-Seal Gasket Corporation, 2424 West State Blvd., Fort Wayne, IN 46808.

 

5.                  Based on  an investigation conducted by a representative of IDEM, the following violations were found:

 

a.         Pursuant to 326 IAC 2-1.1-2, no person shall construct, operate, or modify a source or emissions unit required to obtain a registration, permit, modification approval, or operating permit revision prior to issuance of a registration, permit, modification approval, or operating permit revision.

Respondent constructed and operated facility prior to obtaining required permits, in violation of 326 IAC 2-1.1-2.

b.         Pursuant to 326 IAC 2-7-2, any major source as defined in 326 IAC 2-7-1(22) is required to have a Part 70 permit.

Respondent operated facility prior to obtaining the required Part 70 permit, in violation of 326 IAC 2-7-2.

 

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 FESOP No. 003-25955-00360.

 

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 Seventeen Thousand Three Hundred Twenty-Five Dollars ($17,325).  Respondent shall pay a portion of this penalty in the amount of Three Thousand Four Hundred Sixty Five Dollars ($3,465).  Said penalty amount shall be due and payable in six (6) equal installments.  The first payment of Five Hundred Seventy-Seven Dollars and Fifty Cents ($577.50) payable to the Environmental Management Special Fund is due within forty-five (45) days of the Effective Date.  Five (5) additional payments, of Five Hundred Seventy-Seven Dollars and Fifty Cents ($577.50) each, will be due every thirty (30) days thereafter until all payments are made.  In the event that one or more payments are missed, the entire balance will come due and be payable within thirty (30) days after Respondent receives written notice that Complainant has determined that the balance of the penalty is due.  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 Nineteen Thousand Eight Hundred Forty-Seven Dollars ($19,847).  Within forty-five (45) 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 minimum cost of the SEP is less than Thirteen Thousand Eight Hundred Sixty Dollars ($13,860), Respondent shall pay the difference between the actual cost of the SEP and the minimum cost of the SEP.

 

As a Supplemental Environmental Project, Respondent shall implement an ISO 14000 Environmental Management System.  Respondent shall undergo all assessments, reviews, audits and visits required to attain accreditation by no later than December 31, 2009.   Implementation of this SEP will ensure future compliance of Respondent to regulations of environmental rules and/or law.

 

In the event that the Respondent does not complete the SEP by December 31, 2009, the full amount of the civil penalty as stated in the paragraph 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:

 

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

 

Press-Seal Gasket Corporation

 

 

 

By:

 

 

By:

 

 

Craig Henry, Chief

 

Printed:

 

 

Enforcement Section

 

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 March 26, 2009

 

Daniel Murray

 

Assistant Commissioner

 

Office of Air Quality