STATE OF INDIANA COUNTY OF MARION	) ) )	SS:	BEFORE THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, Complainant, v. FLOYD CRIM & SONS, INC., Respondent.				) ) ) ) ) ) ) ) ) )	Case No. 2012-21266-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. 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 Floyd Crim & Sons, Inc. (“Respondent”), which owns/operates the asphalt plant with Plant ID No. 145-00010, located at 3713 North 775 East in Manilla, Shelby 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”) in conjunction with this Agreed Order to:

Kevin Crim, President Floyd Crim & Sons, Inc. 3713 North 775 East Manilla, IN 46150

Steven Crim, Registered Agent Floyd Crim & Sons, Inc. 3640 N. 775 E. Manilla , IN  46150

5. During a review conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 40 CFR 60.92(a)(1), Subpart I; on or after the date on which the performance test is completed, no owner or operator subject to the provisions of this subpart shall discharge or cause the discharge into the atmosphere from any affected facility any gases which contain particulate matter in excess of 90 mg/dscm (0.04 gr/dscf).

Stack testing on the hot drum-mix asphalt dryer mixer conducted by Respondent on July 3, 2012 indicated PM emissions exceeded 0.04 gr/dscf (tested at 0.06 gr/dsccf), in violation of 40 CFR 60.92(a)(1), Subpart I.

b. Pursuant to condition D.1.1 of FESOP number 145-25930-00010 (“Permit”) and 326 IAC 2-8 and in order to render the requirements of 326 IAC 2-2 not applicable, the PM emissions from the drum mix dryer/mixer shall not exceed 0.048 pounds per ton of asphalt produced.

Stack testing on the hot drum-mix asphalt dryer mixer conducted by Respondent on July 3, 2012 indicated PM emissions exceeded 0.048 pounds per ton of asphalt produced (tested at 0.052 pounds per ton), in violation of condition D.1.1 of the Permit and 326 IAC 2-8.

6. Respondent took corrective actions as a result of the failed stack test. Corrective actions included repair of clogged spray nozzles. Re-testing will be conducted as soon as a production run of adequate capacity to conduct the test is available. Re-testing is planned no later than September 1, 2013.

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 condition D.1.1of the Permit, 326 IAC 2-8 and 40 CFR 60.92(a)(1), Subpart I.

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

Mary Kelley, 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

4. Respondent is assessed and agrees to pay a civil penalty of Five Thousand Dollars ($ 5,000.00). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the 30^th day being the “Due Date”.

5. The civil penalty is 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 their status or responsibilities under this Agreed Order.

7. In the event that the monies due to IDEM pursuant to this Agreed Order are not paid on or before their Due Date, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1. The interest shall be computed as having accrued from the Due Date until the date that Respondent pays any unpaid balance. Such interest shall be payable to the Environmental Management Special Fund, and shall be payable to IDEM in the manner specified in Paragraph 5, above.

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 their obligation to comply with the requirements of their 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.

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 IDEM issues a Resolution of Case letter to Respondent.

TECHNICAL RECOMMENDATION:			RESPONDENT:
Department of Environmental Management			Floyd Crim & Sons, Inc.
By:			By:
	Janusz Johnson, Chief		Printed:
	Compliance and Enforcement Section 1		Title:
	Office of Air Quality
Date:			Date:
			COUNSEL FOR RESPONDENT:
			By:
			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 2013.
			For the Commissioner
			Signed on March 13, 2013
			Keith Baugues, Assistant Commissioner
			Office of Air Quality
			Indiana Department of Environmental Management