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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. METAL IMPROVEMENT COMPANY, LLC, 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 Metal Improvement Company, LLC (“Respondent”), which owns and operates a
stationary existing metal finishing operation for automotive parts with Plant
ID No. 151-00054, located at 302 McSwain Drive in
Fremont, Steuben County, Indiana.
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
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To: |
Jeff
Hall, Division Manager |
To: |
CT
Corporation System, Registered Agent |
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Metal
Improvement Company, LLC |
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150
West Market St. Suite 800 |
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302
McSwain Drive |
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Indianapolis,
IN 46204 |
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Fremont,
Indiana 46737 |
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5.
During an investigation conducted by a representative of IDEM, the
following violations were found:
a.
Pursuant
to 326 IAC 2-5.1-3(a), prior to commencing construction of any emissions unit
which has potential emissions of twenty-five (25) tons or more per year of any
of the regulated pollutants specified in section (E) of this Rule, the source
shall apply for and obtain a construction permit.
Respondent constructed
shot blast units prior to applying for/and obtaining a Construction Permit, in
violation of 326 IAC 2-5.1-3(a).
b.
Pursuant
to 326 IAC 2-7-3 (Part 70 Permit Program), no Part 70 source may operate after
the time that it is required to submit a timely and complete application except
in compliance with a Part 70 permit issued under this rule.
Respondent,
operated a stationary metal finishing and automotive parts company with
potentials to emit PM10 that
exceed Part 70 operating permit thresholds, prior to receipt of the proper
permit, in violation of 326 IAC 2-7-3.
6.
Respondent submitted a permit application on August 31, 2013 and
was issued a New Source Construction and Federally Enforceable State Operating
Permit No. F151-32268-00054 (“Permit”) on April 25, 2013.
7.
In recognition of the settlement reached, Respondents 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 Article 2 and New Source
Construction and Federally Enforceable State Operating Permit No.
F151-32268-00054.
3.
Respondent agrees to pay avoided FESOP fees in the amount of Nine
Thousand Three Hundred and Seventy Five Dollars ($9,375).
Avoided FESOP fees are assessed for the period of 2008 to 2012, during
which Respondent was operating without the required FESOP permit. Said fee amount shall be due and payable to IDEM
within thirty (30) days of the Effective Date; the 30th day being
the “Due Date”.
4.
FESOP
fees are payable by check to “IDEM”. A
cover letter shall accompany the check specifying that $9,375 in FESOP fees shall be deposited into the Title V
Investments 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 |
5.
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 he is fully authorized to execute this Agreed Order and legally
bind the party he represents. No change
in ownership, corporate, or partnership status of Respondent shall in any way
alter his status or responsibilities under this Agreed Order.
6.
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 4 above.
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
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Metal Improvement Company, LLC |
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Lynne
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Printed: |
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Compliance
and Enforcement Section 2 |
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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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2014. |
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For
the Commissioner |
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Signed
on August 26, 2014 |
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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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