STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
vs. ) Case No. 2000-8978-A
)
CHILD CRAFT INDUSTRIES, INC., )
)
Respondent. )
AGREED ORDER
The Complainant and the 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.
I. FINDINGS OF FACT
1. Complainant is the Commissioner (AComplainant@) of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.
2. Respondent is Child Craft Industries, Inc., (ARespondent@), which is located at 501 East Market Street, Salem, Washington County, Indiana ("Site"). The Respondent operates under Part 70 Operating Permit No. T-175-7877-00001.
3. The Indiana Department of Environmental Management (AIDEM@) has jurisdiction over the parties and the subject matter of this action.
4. Pursuant to IC 13-30-3-3, on June 6, 2000, IDEM issued a Notice of Violation via Certified Mail to:
Mr. William Suvak, President and Registered Agent
Child Craft Industries, Inc.
501 East Market Street
Salem, Indiana 46167
5. A representative of IDEM's Office of Air Quality (OAQ) conducted an inspection, on January 27, 2000, at the Site. The following violation was in existence or observed at the time of this inspection:
a. Permit Condition D.8.3 of Part 70 Operating Permit T-175-7877-00001 requires the Permittee to either install a baghouse, to be identified as a new emission unit, reroute the existing duct work from the Child Craft Room and the Sanding Room into an existing baghouse, or conduct a stack test to demonstrate compliance within 180 days of permit issuance. This violation is based on the fact that the Respondent did not implement any of the compliance method options provided for in Permit Condition D.8.3 within 180 days of the issuance of the source's Part 70 Operating permit.
6. The Child Craft Room (Cyclone #1 and Cyclone #2) had new control equipment (dust hog) installed in July 2000. The dust hog was then replaced with a baghouse in March 2001.
7. An Administrative Amendment to the Part 70 Operating Permit T-175-7877-00001 was issued on August 28, 2000 which changed Permit Condition D.8.3 to read "Pursuant to 326 IAC 2-7-6, the Permittee shall either install a dust collector, to be identified as a new emission unit, reroute the existing duct work from the Sanding Room into an existing dust collector, or conduct a stack test to demonstrate compliance within 180 days of permit issuance."
8. The baghouse for the Child Craft Sanding Room (Cyclone #4 and Cyclone #5) was installed and operational on July 26, 2001.
9. 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 the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
2. Respondent is assessed a civil penalty of Twenty Five Thousand Dollars ($25,000). This penalty reflects a significant reduction based upon evidence submitted by the Respondent who adequately demonstrated an inability to pay the original penalty amount assessed based on IDEM's civil penalty policy. The civil penalty shall be paid in the following manner: Seven Hundred and Ten Dollars ($710) is due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date of this Agreed Order. The remaining amount of Twenty Four Thousand and Two Hundred and Ninety Dollars ($24,290) is to be paid in thirty-five (35) monthly installments of Six Hundred and Ninety Four Dollars ($694), due and payable to the Environmental Management Special Fund. The payments are due by the 15th day of each month following the initial installment until the amount is paid in full.
3. 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:
Cashier
IDEM
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
4. In the event that the civil penalty required by Order paragraph 2, is not paid in accordance with the payment schedule set forth in Section II, Paragraph 2, of this Agreed Order, Respondents shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.
5. This Agreed Order shall apply to and be binding upon the Respondent, its successors and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.
6. In the event that any terms of the 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 the Agreed Order did not contain the invalid terms.
7. The 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.
8. This Agreed order, and compliance with its terms, shall resolve all violations referenced by the June 6, 2000, Notice of Violation and the Findings of Fact set forth herein.
9. This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management Child Craft Industries, Inc.
By: _________________________ By: _________________________
David P. McIver
Chief, Air Section Printed: ______________________
Office of Enforcement
Title: ________________________
Date: ________________________ Date: ________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: _________________________ By: ________________________
Jay Rodia, Attorney
Office of Legal Counsel
Department of Environmental Management
Date: _______________________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 2001.
For the Commissioner:
Signed 1/18/02
___________________________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs