|
STATE OF INDIANA |
) |
|
BEFORE THE
INDIANA DEPARTMENT |
||
|
|
|||||
|
COMMISSIONER
OF THE DEPARTMENT Complainant, v. PHILLIPS
PATTERN & CASTING, INC, Respondent. |
) |
|
|||
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 Phillips Pattern & Casting, Inc (“Respondent”),
which operates the source with Plant ID No. 035-00055, located at 801 West Riggin Road and 311 North Morrison Street in Muncie,
Delaware 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
Greg
Phillips, President & Registered Agent, Phillips Pattern & Casting, Inc, 801 West Riggin Rd, Muncie,
IN 47303.
5.
Respondent’s business is a stationary aluminum
foundry.
6.
During
an investigation, including an inspection on December 12, 2013 conducted by a representative of IDEM,
the following violations were found:
a. Pursuant
to 326 IAC 2-1, prior to commencing
construction of any source or facilities which have allowable emissions of
twenty-five (25) tons or more per year of any of the regulated pollutants, the
Respondent shall apply for and obtain a construction permit.
Respondent constructed additional aluminum melting, casting, and machining
operations in its aluminum foundry facility in 1997, without first applying for
and obtaining a construction permit, in violation of 326 IAC 2-1.
b. Pursuant
to 326 IAC 2-7-2, prior to commencing operation of a source which has potential
to emit of one hundred (100) tons or more per year of any criteria pollutant,
the source shall apply for and obtain a Part 70 operating permit.
Respondent operated an aluminum foundry facility, including additional aluminum
melting, casting, machining and coating operations constructed in 1997, without
first applying for and obtaining a Part 70 operating permit, in violation of
326 IAC 2-7-2.
c.
Pursuant
to 326 IAC 2-7-10.5, prior to commencing construction or modification of any
emissions units with a potential to emit greater than exempt levels at a Part
70 major source, the source shall apply for and obtain a source modification.
Pursuant
to 326 IAC 2-7-12, prior to commencing operation of any new or modified
emissions units at a Part 70 major source, the source shall apply for and
obtain an operating permit
Respondent constructed combustion and powder coating operations in its aluminum
foundry facility in 2013, without first applying for and obtaining required
permits, in violation of 326 IAC 2-7-10.5 and 326 IAC 2-7-12.
7.
Respondent
submitted permit application number 035-34410-00055 on April 8, 2014, to
address the additional equipment.
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 326 IAC 2-7-10.5, 326 IAC 2-7-12 and permit 035-34410-00055.
3.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
|
Lisa
Hayhurst, 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 |
4.
Respondent
is assessed and agrees to pay a civil penalty of Eleven Thousand Two Hundred
Fifty Dollars ($11,250). Said penalty
amount shall be due and payable to the Environmental Management Special Fund in
six (6) monthly payments of One Thousand Eight Hundred Seventy Five Dollars ($1,875).
The first payment shall be due within thirty (30) days of the Effective Date
and all payments shall be made within two hundred fifteen (215) days of the
Effective Date.
5.
Respondent
agrees to pay avoided FESOP fees in the amount of Nine Thousand Three Hundred Seventy
Five Dollars ($9,375). Avoided FESOP
fees are assessed for the period of January, 2009 to December, 2014, during
which Respondent was operating without the required FESOP permit. Said fee amount shall be due and payable to
the Title V Investments Fund in six (6) monthly payments. The first payment
shall be One Thousand Five Hundred Sixty Five Dollars ($1565) and the remaining
five (5) payments shall be One Thousand Five Hundred Sixty Two Dollars ($1562).
The first payment shall be due within thirty (30) days of the Effective Date
and all payments shall be made within two hundred fifteen (215) days of the
Effective Date.
6.
Civil
penalties and respective FESOP fees are payable by checks to “IDEM”. A cover letter shall accompany the checks
each month specifying that the civil penalties shall be deposited into the
Environmental Management Special Fund and the FESOP fees shall be deposited
into the Title V Investments Fund. Checks
and cover letter shall include the Case Number of this action and shall be
mailed to:
|
IDEM Office
of Legal Counsel |
|
IGCN,
Rm N1307 |
|
100 N
Senate Ave |
|
Indianapolis,
IN 46204 |
7.
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.
8.
In
the event that the monies due to IDEM pursuant to this Agreed Order are not
paid on or before their Due Dates, 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 6, above.
9.
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.
10.
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 its
obligation to comply with the requirements of its 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.
|
TECHNICAL
RECOMMENDATION: |
|
RESPONDENT: |
|||||
|
Department
of Environmental Management |
|
Phillips Pattern & Casting, Inc |
|||||
|
|
|
|
|||||
|
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 |
|
,
2016. |
|||
|
|
|||||||
|
|
For
the Commissioner |
||||||
|
|
|
||||||
|
|
Signed
on March 21, 2016 |
||||||
|
|
Keith
Baugues, Assistant Commissioner |
||||||
|
|
Office
of Air Quality |
||||||
|
|
Indiana
Department of Environmental Management |
||||||