STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
OF THE DEPARTMENT |
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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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Case No. 2018-25473-A |
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CROWN
TECHNOLOGY, INC., |
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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 Indiana Code (“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 IC
13-13-1-1.
2.
Respondent
is Crown Technology, Inc. (“Respondent”), which owns and operates the
industrial inorganic chemicals mixing and packaging plant with Plant ID No. 097-00128,
located at 7513 East 96th Street, in Indianapolis, Marion 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”) on May 13, 2021 via Electronic mail
to:
Crown Technology, Inc. |
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Attn: Joseph C. Peterson, President
& Registered Agent |
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7513 East 96th Street |
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Indianapolis, IN 46256 |
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5.
During
an investigation including an inspection on June 25, 2018 conducted by a representative of IDEM,
the following violations were found:
a.
Pursuant
to Registration Permit 097-37530-00128, issued October 24, 2016 (“Permit”), Condition
B.5, Respondent shall submit an Annual Notification stating whether or not the
source is in operation and compliance with the terms and conditions contained
in the registration no later than March 1 of each year.
Respondent failed to submit an Annual Notification for calendar years 2016 and
2017 prior to March 1 of 2017 and 2018 respectively, in violation of Permit
Condition B.5.
b.
Pursuant
to Permit Condition D.1.3 (a) & (b), Respondent shall perform stack testing
for PM, PM10, and PM2.5 emission rates on the baghouses identified as BH1 and
FSBH no later than 180 days after the issuance of the Permit.
Respondent failed to perform stack testing for PM, PM10, and PM2.5 emission
rates on the baghouses identified as BH1 and FSBH no later than 180 days after
the issuance of the Permit, in violation of Permit Condition D.1.3 (a) &
(b).
c.
Pursuant
to Permit Condition D.1.6, Respondent shall record the pressure drop across the
baghouse identified as BH4 at least once per day when the packaging operations
are in operation.
Respondent failed to record the pressure drop across the baghouse identified as
BH4 at least once per day when the packaging operations are in operation from
January 24, 2017 to June 25, 2018, in violation of Permit
Condition D.1.6.
d.
Pursuant
to Permit Condition D.1.6, Respondent shall calibrate or replace the gauge for
reading the pressure drop across the baghouse identified as BH4 at least once
every six (6) months.
Respondent failed to calibrate or replace pressure drop gauge for the baghouse
identified as BH4 from January 24, 2017 to June 25,
2018, in violation of Permit Condition D.1.6.
6.
Respondent
submitted a permit application for Minor Source Operating Permit (“MSOP”)
097-39465-00128 on October 30, 2018, which was issued on March 12, 2019.
7.
Stack
Testing for BH1, as required by MSOP 097-39465-00128, was conducted on May 9, 2019 and was in compliance.
8.
Orders
of the Commissioner are subject to administrative review by the Office of
Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement
reached, Respondent acknowledges notice
of this right and 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 permit 097-39465-00128 unless superseded
by a permit modification or renewal.
3.
Within Thirty (30) days of the Effective Date,
Respondent shall comply with Permit Condition B.5. Specifically, Respondent shall submit the Annual
Notifications that were due in 2017 and 2018.
4.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise in writing, shall be sent to:
Lisa Ward,
Enforcement Case Manager
Office of Air Quality
Indiana
Department of Environmental Management
100 North
Senate Avenue
Indianapolis,
IN 46204-2251
5.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of Seven Thousand Dollars ($7,000.00). Said penalty amount shall be due and payable
to the Environmental Management Special Fund within thirty (30) days of the
Effective Date; the thirtieth day being the “Due Date.”
6.
In the event the terms and conditions of the
following paragraphs are violated, Complainant may assess
and Respondent shall pay stipulated penalties in the following amounts:
Paragraph |
Violation |
Stipulated
Penalty |
3 |
Failure to submit Annual Notifications due in 2017 & 2018 |
$100 per week |
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7.
Stipulated penalties shall be due and payable
no later than the thirtieth day after Respondent receives written notice that
Complainant has determined a stipulated penalty is due; the thirtieth 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.
8.
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
Accounts
Receivable
IGCN, Room
1340
100 North
Senate Avenue
Indianapolis,
IN 46204
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 8,
above.
10.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
11.
This Agreed Order shall apply to and be binding
upon Respondent and all successors and assigns. Respondent shall provide a copy
of this Agreed Order, if in force, to any subsequent owners, successors, or
assigns before ownership rights are transferred.
12.
No change in ownership, corporate, or
partnership status of Respondent shall in any way alter the Respondent’s status
or responsibilities under this Agreed Order.
13.
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.
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.
15.
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 the obligation
to comply with the requirements of any applicable permits or any applicable
Federal or State laws or regulations.
16.
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.
17.
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 violations specified in the NOV.
18.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the U.S. Environmental
Protection Agency (“U.S. 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 U.S. EPA or any
other agency or entity.
19.
This Agreed Order shall remain in effect until
Respondent has complied with all terms and conditions of this Agreed Order and
IDEM has issued a Resolution of Case letter to Respondent.
TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Crown Technology, Inc. |
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By: |
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By: |
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David
P. McIver, Chief |
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Printed: |
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Enforcement
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Title: |
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Office
of Air Quality |
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COUNSEL
FOR COMPLAINANT: |
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COUNSEL
FOR RESPONDENT: |
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For
the Department of Environmental Management |
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By: |
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By: |
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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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2021. |
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For
the Commissioner: |
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Signed
on July 12, 2021 |
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Matthew
Stuckey |
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Assistant
Commissioner |
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Office
of Air Quality Indiana
Department of Environmental Management |
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