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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. ASPHALT
SUPPLY COMPANY, INC., 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 Asphalt Supply Company, Inc. (“Respondent”)
which owns and operates a stationary drum hot mix asphalt plant with Plant I.D.
No. 019-03321 located at 4700 Utica Sellersburg Road, in Sellersburg, Clark
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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Mr. Gary L. Libs, President |
Ms. Sandra
Libs, Registered Agent |
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Asphalt
Supply Company, Inc. |
4700
Utica-Sellersburg Road |
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1912 Apple
Blossom Drive |
Sellersburg,
IN 47172 |
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Floyds
Knobs, IN 47119 |
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5.
Respondent owns and operates a stationary
drum hot mix asphalt plant.
6.
During
an investigation conducted by a representative of IDEM, the following
violations were found:
a.
Pursuant to Federally Enforceable State
Operating Permit No. 019-29509-03321 (“permit”), issued to Respondent on April
28, 2011, conditions B.11 and D.1.9 require the Respondent to maintain a
preventative maintenance plan, including all records required by the
preventative maintenance plan.
Respondent failed to maintain records
required by the preventative maintenance plan from December 20, 2013 to August
15, 2014, in violation of permit conditions B.11 and D.1.9.
b.
Pursuant to permit, conditions D.1.16 and D.1.18(e)
require the Respondent to retain records of daily pressure drop readings across
the jet pulse baghouse, identified as DS1.
Respondent failed to record daily pressure drop readings
across baghouse DS1 from April 28, 2011 to August 15, 2014, in violation of
permit conditions D.1.16 and D.1.18(e).
d.
Pursuant to permit, conditions D.1.11 and E.1.2 require a stack test
for PM, PM10, and PM2.5 every five (5) years. The required stack testing date
for this facility was due June 4, 2014.
Respondent failed to conduct a stack test within five (5)
years of the last compliance testing, in violation of permit conditions D.1.11 and
E.1.2.
e.
Pursuant to 326 IAC 6.5-1-2 and permit,
condition D.1.6, PM emissions from the drum hot-mix asphalt plant shall not
exceed 0.03 grains per dry standard cubic foot of exhaust air.
Respondent exceeded PM emission limits
during a stack test conducted on September 25, 2014. PM emissions were 0.0469 gr/dscf, in violation of 326 IAC 6.5-1-2 and permit condition
D.1.6.
f.
Pursuant to NSPS 40 CFR 60, Subpart I and
permit, condition E.1.1(3), PM emissions from the drum
hot-mix asphalt plant shall not exceed 0.04 gr/dscf
of exhaust air.
Respondent exceeded PM emission limits
during a stack test conducted on September 25, 2014. PM emissions were 0.0469 gr/dscf, in violation of NSPS 40 CFR 60, Subpart I and permit
condition E.1.1(3).
g.
Pursuant to 326 IAC 6.5-1-2 and permit,
condition D.1.6, PM emissions from the drum hot-mix asphalt plant shall not
exceed 0.03 grains per dry standard cubic foot of exhaust air.
Respondent exceeded PM emission limits
during a stack test conducted on July 21, 2015.
PM emissions were 0.043 gr/dscf, in violation
of 326 IAC 6.5-1-2 and permit condition D.1.6.
h.
Pursuant to NSPS 40 CFR 60, Subpart I and
permit, condition E.1.1(3), PM emissions from the drum
hot-mix asphalt plant shall not exceed 0.04 gr/dscf
of exhaust air.
Respondent exceeded PM emission limits
during a stack test conducted on July 21, 2015.
PM emissions were 0.043 gr/dscf, in violation
of NSPS 40 CFR 60, Subpart I and permit condition E.1.1(3).
7.
Respondent
began documenting preventative maintenance activities as required by the
preventative maintenance plan on August 15, 2014. Respondent began documenting and retaining
records to demonstrate daily pressure drop readings were being conducted on
August 15, 2014. Respondent conducted a
stack test for PM, PM10, and PM2.5 on September 30, 2015 which demonstrated
full compliance with emission limits.
8.
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 40 CFR 60 Subpart I, 326 IAC 6.5-1-2, and Federally
Enforceable State Operating Permit No. 019-29509-03321
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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Angie
Willoughby, Compliance and Enforcement Manager |
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Indiana
Department of Environmental Management |
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Southeast
Regional Office |
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820
West Sweet Street |
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Brownstown,
IN 47220 |
4.
Respondent
is assessed and agrees to pay a civil penalty of Twenty-Eight Thousand Six
Hundred Dollars ($28,600). 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”.
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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IDEM
Office of Legal Counsel |
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IGCN,
Rm N1307 |
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100
North Senate Avenue |
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Indianapolis,
IN 46204 |
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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Asphalt Supply Company, Inc. |
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By: |
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By: |
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Mark
A. Amick, Director |
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Printed: |
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Southeast Regional Office |
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Indiana Department of Environmental Management |
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COUNSEL
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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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,
2016. |
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For
the Commissioner |
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Signed
on April 25, 2016 |
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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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