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STATE
OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. NSK Corporation, 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 Indiana created by Indiana Code (“IC”) 13-13-1-1.
2.
Respondent is NSK Corporation (“Respondent”),
which owns and operates a stationary hub bearing manufacturing facility with Plant
ID No. 081-00023, located at 3400 Bearing Drive, in Franklin, Johnson 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:
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Bernard M. Lindsay, President |
CT Corporation System, Registered
Agent |
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NSK Corporation |
251 E. Ohio Street |
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4200 Goss Road |
Suite 100 |
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Ann Arbor, MI 48105 |
Indianapolis, IN 46204 |
5.
Respondent owns and operates a hub bearing
manufacturing facility.
6.
In reviewing a self-disclosure dated October
21, 2009, the following violations were noted:
a. Pursuant to 326 IAC 2-5.5-6(g), a
Registered Source shall submit an application concerning a change or
modification prior to making the change or modification.
Respondent failed to submit an application concerning a change or modification
prior to making the change or modification, in violation of 326 IAC 2-5.5-6(g).
b. Pursuant to 326 IAC 2-1.1-2(a), no
source shall modify or operate emission units prior to obtaining approval to do
so.
Respondent failed to obtain approval prior to modifying or operating emission
units, in violation of 326 IAC 2-1.1-2(a).
c.
Pursuant to 326 IAC 2-7-3, no source shall
operate after the time of being required to submit a timely and complete Part
70 permit application.
Respondent was required to submit a complete Part 70 permit application, but
failed to do so by December 13, 1996, in violation of 326 IAC 2-7-3.
d.
Pursuant to 326 IAC 2-7-4, a source shall
submit a Part 70 permit application within twelve (12) months of being subject
to the Part 70 permit program.
Respondent became subject to the Part 70 permit program on December 14, 1995
and failed to submit a Part 70 permit application by December 13, 1996, in
violation of 326 IAC 2-7-4.
e.
Pursuant to 326 IAC 2-5.1, no Major Source
shall construct without an appropriate permit.
Respondent constructed a Major Source without obtaining an appropriate permit,
in violation of 326 IAC 2-5.1.
7. IDEM received an application for a
FESOP on December 22, 2009.
8. 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 326 IAC 2-7-3, 326
IAC 2-7-4 and 326 IAC 2-5.1 by complying with 326 IAC 2-8-4.
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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Marty Yeates, Compliance and
Enforcement Manager |
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Compliance and Enforcement Branch –
Mail Code 61-53 |
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Indiana Department of Environmental
Management |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
4.
Respondent is assessed a civil penalty of
five-thousand six-hundred twenty-five dollars ($5625.00). Said penalty amount shall be due and payable
to IDEM 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.
5.
Civil penalty is payable by check to
“IDEM”. A cover letter shall accompany
the check specifying that $5625 shall be deposited into the Title 5 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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100 North Senate Avenue |
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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.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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NSK Corporation |
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By: |
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By: |
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Craig
Henry, Chief |
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Printed: |
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Compliance
and Enforcement Section 4 |
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Title: |
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Office
of Air Quality |
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Date: |
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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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By: |
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By: |
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Deputy
Attorney General |
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Date: |
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Date: |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY OF |
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,
2010. |
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For
the Commissioner |
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Signed
on July 14, 2010 |
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Keith
Baugues, Assistant Commissioner |
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Office
of Air Quality |
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Indiana
Department of Environmental Management |
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