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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. , 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 Manchester Metals, LLC (“Respondent”), which owns and operates the stationary
gray and steel foundry with Plant ID No. 169-00019, located at 205 Wabash Road,
in North Manchester, Wabash 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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David
L. Boyd, General Manager |
Corporation
Service Co., Registered Agent |
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Manchester
Metals, LLC |
251
E. Ohio Street |
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205
Wabash Road |
Suite
500 |
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North
Manchester, IN 46962 |
Indianapolis,
IN 46204 |
5.
During
an investigation on January 15, 2013 conducted by a representative of IDEM, the
following violations were found:
a.
Pursuant
to Part 70 Permit 169-31172-00019 (the “Permit”) conditions D.2.5,
D.2.6, D.3.6, D.3.7, D.3.8, D.4.10, D.4.11, and D.4.12, Permittee is required
to take, record, and maintain Visible Emission Notations and/or baghouse
pressure drops daily.
Respondent failed to take and/or record Visible Emission Notations and/or
baghouse pressure drops on a daily basis, in violation of Permit conditions D.2.5,
D.2.6, D.3.6, D.3.7, D.3.8, D.4.10, D.4.11, and D.4.12.
b.
Pursuant
to 326
IAC 2-7-10.5 & 326 IAC 2-7-12 and Permit condition B.17, an owner or
operator of a Part 70 source proposing to construct new emission units or
modify existing emission units shall submit a request for a modification
approval.
Respondent constructed and operated 2 robotic grinding units in 2010, and 1
robotic grinding unit and 1 shotblast unit in 2012 unit without approval, in
violation of 326 IAC 2-7-10.5 & 326 IAC 2-7-12 and Permit condition B.17.
7.
Respondent
submitted an application on February 28, 2013, to add 4 robotic grinding units
and 1 shot blast unit.
8.
Respondent
submitted revised log sheets on February 1, 2013, to show monitoring on a daily
basis.
9.
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 169-31172-00019 unless superseded by a
modification or renewal.
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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Matthew
Chaifetz, 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 Twenty Four Thousand Dollars ($24,000). Within thirty (30) days of the Effective Date
of the Agreed Order, Respondent shall pay a portion of this penalty in the
amount of Four Thousand, Eight Hundred Dollars ($4,800.00). Said penalty amount shall be due and payable
to the Environmental Management Special Fund. 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
Twenty Five Thousand, Seven Hundred Seventy-Nine Dollars and Fifteen Cents
($25,779.15), for material and disposal costs.
Within Thirty (30) 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 cost of the SEP is less than Nineteen Thousand Two
Hundred Dollars ($19,200.00), Respondent shall pay the difference between the actual
cost of the SEP and Nineteen Thousand Two Hundred Dollars ($19,200.00).
As
a Supplemental Environmental Project, Respondent shall replace its current
fluorescent lighting system with a more efficient T5 lighting system. Respondent shall purchase and install the
materials by no later than 120 days after the Effective Date. Implementation of this SEP will reduce
energy requirements and reduce fossil fuels used by utility company.
In
the event that Respondent does not complete the SEP by 120 days from the
Effective Date, the full amount of the civil penalty as stated in paragraph 4
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:
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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 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 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.
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.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Manchester Metals, LLC |
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Janusz Johnson, Chief |
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Printed: |
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Compliance
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Office
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COUNSEL
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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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,
2013. |
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For
the Commissioner |
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Signed
on August 16, 2013 |
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Keith
Baugues, Assistant Commissioner |
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Office
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Indiana
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