|
STATE OF INDIANA |
) |
|
BEFORE
THE INDIANA DEPARTMENT |
||
|
|
|||||
|
COMMISSIONER
OF THE DEPARTMENT Complainant, v. DALTON CORPORATION, WARSAW
MANUFACTURING FACILITY, Respondent. |
) |
|
|||
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 Dalton Corporation,
Warsaw Manufacturing Facility (“Respondent”), which owns/operates the foundry
with Plant ID No. 085-00003, located at 1900 East Jefferson Street, in Warsaw,
Kosciusko 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”) via Certified Mail to:
|
Ronald L Schmacker President of Dalton Corporation Warsaw Manufacturing Facility 1900 E. Jefferson St. Warsaw, IN 46581 |
Corporation Service Company Registered Agent for Dalton
Corporation, Warsaw Manufacturing Facility 251 E Ohio Street Suite 500 Indianapolis, IN 46204 |
5.
During an investigation conducted by a
representative of IDEM, the following violation was found:
Pursuant to permit condition D.3.1(i)(1) of Title V Permit (“Permit”)
085-6708-00003, PM emissions from the Herman 2 sand handling shall be limited
to 0.034 pounds per ton of metal and sand.
During compliance stack tests conducted on March 17 & 18, 2009, PM
emissions were measured at 0.055 pounds per ton of metal and sand in violation
of permit condition D.3.1
6. Corrective actions consisted of rebagging Baghouse 13. A retest was conducted on August 18,
2009 with the results demonstrating compliance with the PM limit.
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 permit
condition D.3.1(i)(1) of the
Permit.
3.
Respondent will submit a Quarterly
Baghouse Inspection Protocol to IDEM within thirty (30) days of the Effective
Date. The Quarterly Baghouse Inspection Protocol will identify the baghouse
monitoring activities Respondent will perform to identify potential baghouse
issues as early and efficiently as possible. Upon approval by IDEM, Respondent
will incorporate the Quarterly baghouse Inspection Protocol into its Preventive
Maintenance Plan for the Site.
4.
All submittals required by this Agreed
Order, unless Respondent is notified otherwise in writing by IDEM, shall be
sent to:
|
Richard Sekula, Compliance
and Enforcement Manager |
|
Compliance and Enforcement
Branch – Mail Code 61-53 |
|
Indiana Department of
Environmental Management |
|
100 North Senate Avenue |
|
Indianapolis, IN 46204-2251 |
5.
Respondent is assessed a civil penalty
of Six Thousand Two Hundred and Fifty Dollars ($6,250). Said penalty amount shall be due and payable
to the Environmental Management Special Fund within thirty (30) days of the
Effective Date. In the event that the
civil penalty is not paid within thirty (30) days 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.
6.
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 |
7.
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.
8.
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.
9.
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.
10.
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.
11.
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.
12.
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 dated May 18, 2010 or the Findings of Fact of this Agreed
Order.
13.
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.
14.
This Agreed Order shall remain in
effect until Respondent has complied with Order Paragraphs 3 and 5, at which
point IDEM will issue a Resolution of Case letter to Respondent.
|
TECHNICAL
RECOMMENDATION: |
|
RESPONDENT: |
|||||
|
Department
of Environmental Management |
|
Dalton
Corporation, Warsaw
Manufacturing Facility |
|||||
|
|
|
|
|||||
|
By: |
|
|
By: |
|
|||
|
|
Janusz Johnson,Chief |
|
Printed: |
|
|||
|
|
Compliance
and Enforcement Section I |
|
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 |
|
,
2010. |
|||
|
|
|||||||
|
|
For
the Commissioner: |
||||||
|
|
|
||||||
|
|
Signed
on August 24, 2010 |
||||||
|
|
Keith Baugues, Assistant
Commissioner |
||||||
|
|
Office of Air Quality |
||||||
|
|
Indiana Department of
Environmental Management |
||||||