STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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2021-27753-A |
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NORTH VERNON
INDUSTRY CORPORATION, |
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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 North Vernon Industry Corporation (“Respondent”), which owns and operates
the stationary gray iron foundry with Plant ID No. 079-00018, located at 3750 4th
Street, in North Vernon, Jennings 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 Electronic email to:
North Vernon Industry Corporation Attn: Shannon Burkman, President |
Business Filings Incorporated,
Registered Agent |
3750 4th Street |
334 North Senate Avenue |
North Vernon, IN 47265 |
Indianapolis, IN 46204 |
(Shannon.burkman@nvic-cwt.com) |
(wkuslawdept@wolterskluwer.com) |
5.
During
an investigation conducted by a representative of IDEM, the following violations
were found:
a.
Pursuant
to Federally Enforceable State Operating Permit (“FESOP”) 079-39014-00018
(“Permit”) condition D.1.5, the Area 3 Collector shall be in
operation and control emissions from the P1- Buffing Booth operation at all times
it is in operation.
Respondent conducted
buffing operations outside of the P1- Buffing Booth on January 4, 2019, in
violation of Permit condition D.1.5.
b.
Pursuant
to Permit condition D.1.8, Permittee shall record the pressure drop across the dust
collectors used in conjunction with their emission units at least once per day
when in operation. When, for any one reading the pressure drop across the baghouse is
outside the normal range, the Permittee shall take reasonable response steps.
Respondent failed to take or record a response step for Plant 2 Melt Baghouse
P2B1 on March 29, 2019 and April 12, 2019 when the reading was outside the
normal range, in violation of Permit condition D.1.8
c.
Pursuant
to Permit condition D.1.7(a), visible emission notations shall be performed
once per day during normal daylight operations.
Pursuant to Permit condition D.1.7(e), if abnormal emissions are observed, the
Permittee shall take reasonable response steps.
Respondent recorded numerous instances of visible emissions from the Plant 1
and Plant 2 mold sand handling and shakeout stacks between January 2019 and
February 19, 2020 without being able to return them to continuous compliance,
in violation of Permit condition D.1.7(e).
d.
Pursuant
to 326 IAC 2-7-2, any major source as defined in section 1(22) of this rule is
required to have a Part 70 permit.
Respondent constructed and operated both Plant 1-Paint Booth 4 and Plant 2-Paint Booth 3 causing source to meet the
definition of a major source without having obtained a Part 70 permit, in
violation of 326 IAC 2-7-2.
6.
Respondent
has conducted significant retraining of personnel regarding correct location of
buffing, and taking and documenting response steps for
out of range pressure drops.
7.
Respondent
has made significant improvement to reduction of the visible emissions from
Plant 1 and Plant 2 mold sand handling and shakeout stacks, including replacing
control boards, modification of tube sheets and replacing of blowtubes.
8.
Respondent
has submitted a permit application to address the Potential to Emit from Plant
1 Paint Booth 4 and Plant 2 Paint Booth 3. Permit 079-41565-00018 which addressed the
issues was issued on October 1, 2020.
9.
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 the Federally
Enforceable State Operating Permit 079-41565-00018 unless superseded by a
permit modification or renewal.
3.
Respondent shall compile and submit monthly
records of visible emission notations from Plant 1 and Plant 2 mold sand
handling and shakeout stacks. Reports from
May 2020 through the Effective date shall be submitted within thirty (30) days
of the Effective Date.
4.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise in writing, shall be sent to:
Matthew
Chaifetz, Senior Enforcement Case Manager
Office of Air Quality
Indiana
Department of Environmental Management
100 North
Senate Avenue
Indianapolis,
IN 46204-2251
mchaifet@idem.IN.gov
5.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of Forty Thousand Three Hundred Sixty-Two
Dollars ($40,362.00). 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 monthly records |
$500
per week or part thereof |
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
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North Vernon Industry Corporation |
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David
P. McIver, Chief |
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Printed: |
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Enforcement
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Office
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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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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 June 22, 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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