STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

ROCHESTER METAL PRODUCTS CORP,

Respondent.

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Case No. 2013-21719-A
             & 2013-21824

 

 

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 Rochester Metal Products Corporation (“Respondent”), which owns and operates a stationary gray and ductile iron foundry with Plant I.D. No. 049-00002 located at 616 Indiana Avenue in Rochester Fulton County, Indiana (the “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 on August 5, 2013 to:

 

Robert E. Kersey, President & Registered Agent

Rochester Metal Products Corporation

911 Briar Road

Muncie, IN 47304

 

5.            On August 27, 2013, Respondent waived issuance of a Notice of Violation for Finding of Fact paragraph 6.c. and to the settlement period of sixty (60) days as provided for by IC 13-30-3-3.

 

6.            During an investigation conducted by a representative of IDEM, the following violations were found:

 

a.            Pursuant to Part 70 Permit 049-30986-00002 Condition D.8.6, baghouse DC-10 for particulate control shall be in operation and control emissions from the Disa magnesium treatment system and the Hunter magnesium treatment system at all times that either magnesium treatment system process is in operation.

On February 24 & 25, 2013, Respondent failed to have baghouse DC-10 in operation for approximately 8.5 hours when the Disa and Hunter magnesium treatment systems were in operation, in violation of Permit 049-30986-00002 Condition D.8.6.

b.            Pursuant to 40 CFR 63.7710(b), source must prepare and operate at all times according to a written operation and maintenance (“O&M”) plan.  O&M plan must include procedures for igniting gases from mold vents in areas and pouring stations that use a sand mold system.

On January 2 & 3, 2013, Respondent failed to inspect its mold igniters according to its O&M plan, in violation of 40 CFR 63.7710(b).

 

c.            Pursuant to Part 70 Permit 049-30312-00002 condition D.2.6(a), in order to determine compliance with Conditions D.2.2 and D.2.3, the Permittee shall perform PM and PM10 testing by December 2012 on baghouse DC-9.

Respondent failed conduct PM10 testing on baghouse DC-9 by December 1012, in violation of Part 70 Permit 049-30312-00002 condition D.2.6(a)

 

7.            Respondent interlocked the operation of baghouse DC-10 to the molding lines requiring it to be on when the molding lines are operating.

 

8.            Respondent modified preventative maintenance program to require daily inspection of the mold igniters regardless of a shortage of manpower.

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 Significant Permit Modification 049-31919-00002, issued March 28, 2013, or subsequent permits if superseded by permit revision or modification.

 

3.            Respondent shall comply with 40 CFR 63, subpart EEEEE.

 

4.            Within 180 days of the Effective Date, Respondent shall conduct PM10 testing to comply with Part 70 Permit 049-30312-00002 condition D.2.6(a).l

 

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

 

Matthew Chaifetz, 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

 

6.            Respondent is assessed and agrees to pay a civil penalty of Fifteen Thousand Two Hundred Dollars ($15,200.00).  Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the 30th day being the “Due Date”.

 

7.            In the event the terms and conditions of the following paragraphs are violated, Complainant may assess and Respondent shall pay a stipulated penalty in the following amount:

 

Paragraph

Violation

Stipulated Penalty

4

Fail to conduct PM10 stack test

$500 per week or part thereof

 

 

 

8.            Stipulated penalties shall be due and payable no later than the 30th day after Respondent receives written notice that Complainant has determined a stipulated penalty is due; the 30th day being the “Due Date”.  Complainant may notify Respondent at any time that a stipulated penalty is due.  Failure to notify Respondent in writing in a timely manner of a stipulated penalty assessment shall not waive Complainant’s right to collect such stipulated penalty or preclude Complainant from seeking additional relief against Respondent for violation of this Agreed Order.  Neither assessment nor payment of stipulated penalties shall preclude Complainant from seeking additional relief against Respondent for a violation of this Agreed Order; such additional relief includes any remedies or sanctions available pursuant to Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.

 

9.            Civil and stipulated 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

 

10.         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 he/she/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.

 

11.         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 9, above.

 

12.         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.

 

13.         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.

 

14.         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.

 

15.         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.

 

16.         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.

 

17.         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.

 

18.         This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Rochester Metal Products Corporation

 

 

 

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 October 10, 2013

 

Keith Baugues, Assistant Commissioner

 

Office of Air Quality

 

Indiana Department of Environmental Management