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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. PACMOORE
PROCESS TECHNOLOGIES, 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 PacMoore Process Technologies
(“Respondent”), which owns/operates a dry food-grade materials manufacturing
facility with Plant ID No. 109-00062 and Permit number 109-33209-00062
(“Permit”) located at 100 PacMoore Parkway, in Mooresville, 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:
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William J
Moore, President and Registered Agent |
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PacMoore Process
Technologies |
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100 PacMoore Parkway |
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Mooresville,
IN 46158 |
5.
During an investigation conducted by a
representative of IDEM including a review of a self disclosure submitted on
January 16, 2014 and an inspection on April 23, 2014, the following violations
were found:
a. Pursuant to 326 IAC 2-5.1-3, 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 a bag dump
station, mix tanks and fluid bed dryer emissions units at the Site without
first applying for and obtaining a construction permit, in violation of 326 IAC
2-5.1-3.
b. Pursuant to 326 IAC 2-7-2, no Part 70
source may operate after the time that is required to submit a timely and
complete application except in compliance with a Part 70 permit issued under
this rule. A source can continue to operate without being in violation of this
rule if it submits a timely and complete application.
Respondent operated a bag dump
station, mix tanks and fluid bed dryer emissions units at the Site without
submitting a timely and complete Part 70 permit application, in violation of
326 IAC 2-7-2.
c. Pursuant to Permit condition D.1.4, the
emissions unit, Re-Pack Room 3, shall be controlled at all times by the
associated baghouse 6 at all times Re-Pack Room 3 is in operation.
During a compliance inspection on April 10 2014, Re-Pack Room 3 was observed to
be uncontrolled and in operation without it’s
associated baghouse 6 in operation in violation of Permit condition D.1.4.
6.
Respondent submitted a permit application to
IDEM on April 14, 2014.
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 the Permit.
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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Mary Kelley, 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 and agrees to pay a
civil penalty of Twenty Thousand Dollars ($20,000). In lieu of payment of the
civil penalty, Respondent shall perform and complete a Supplemental
Environmental Project (“SEP”). Respondent estimates that this SEP will cost One
Hundred Thirty Nine Thousand Six Hundred Fifty Nine dollars ($139,659). Within 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.
5.
As a Supplemental Environmental Project,
Respondent shall complete an upgrade to it’s
Spray Dryer Clean In Place (CIP) system to reduce water and natural gas
consumption. This project involves equipment, piping and program modifications
to recirculate and reuse a significant amount of water used in the spray dryer
cleaning process. Respondent shall purchase necessary equipment and complete
installation by no later than August 1, 2015. Implementation of this SEP is
expected to reduce water consumption by approximately two thousand gallons per
year (2000 gallons/year) and reduce natural gas consumption by about one
million four hundred fifty thousand cubic feet per year (1,450,000 cubic
feet/year).
6.
In the event that Respondent does not
complete the SEP by August 1, 2015, the full amount of the civil penalty as
stated in Order Paragraph No. 5, above, plus interest established by IC
24-4.6-1-101 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 civil penalty is paid.
7.
The civil penalty is payable by check to the
“Environmental Management Special Fund”. The check shall include the Case
Number of this action and shall be mailed to:
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IDEM Office of Legal Counsel |
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IGCN, Room N1307 |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
8.
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.
9.
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 7 above.
10.
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. 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.
11.
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.
12.
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.
13.
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.
14.
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.
15.
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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PacMoore
Process Technologies |
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By: |
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By: |
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Janusz Johnson, Chief |
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Printed: |
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Compliance
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Title: |
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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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2015. |
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For
the Commissioner |
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Signed
on April 15, 2015 |
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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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