STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) Case No. 2000-8992-A and
) Case No. 2000-9028-A
KELLER MANUFACTURING COMPANY, 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.
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 Keller Manufacturing Company, Inc. (ARespondent@), which owns and operates a household furniture manufacturing plant located at Corydon Junction Road in New Salisbury, Harrison County, Indiana ("Site 1") and Water and Cedar Street in Corydon, Harrison County, Indiana ("Site 2").
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 16, 2000, IDEM issued a Notice of Violation via Certified Mail to:
Mr. Robert W. Byrd, President Mr. Marvin C. Miller, Registered Agent
Keller Manufacturing Company, Inc. Keller Manufacturing Company, Inc.
P.O. Box 8 701 North Water Street
Corydon, Indiana 47112 Corydon, Indiana 47112
5. A representative of IDEM conducted a complaint investigation and boiler stack surveillance of Site 2 on January 21, 2000. The following violation was in existence at the time of the complaint investigation and surveillance:
a. Pursuant to 326 IAC 5-1-2(1)(A), visible emissions from a source or facility located in an attainment area for particulate matter shall not exceed an average of forty percent (40%) opacity in twenty-four (24) consecutive readings. This source=s visible emissions from the boiler stack exceeded 40% opacity for two six minute observation periods.
6. A representative of IDEM conducted an inspection and record review of Site 1 on February 2, 2000. The following violations were in existence at the time of the inspection and record review:
a. 40 CFR 63.806(e)(2) requires each owner of an affected source to maintain onsite the work practice implementation plan and all records associated with fulfilling the requirements of that plan, including records collected in accordance with the inspection and maintenance plan required by Sec. 63.803(c). This violation is based on the fact that during the investigation it was noted that no leak inspection records were on file for the months of July and August 1999.
b. Permit condition D.1.10(a) of Part 70 Operating Permit T061-6065-00013 requires daily inspections be performed to verify the placement, integrity and particle loading of the dry filters. Permit condition D.1.11(b) of Part 70 Operating Permit T061-6065-00013 requires the Permitee to maintain a log of weekly overspray observations, daily and monthly inspections, and those additional inspections prescribed by the Preventive Maintenance Plan. This violation is based on the fact that a records review revealed that no dry filter inspections were performed for the months of July and August 1999.
c. Permit Condition D.2.5(a) of Part 70 Operating Permit T061-6065-00013 requires that daily visible emission notations of the woodworking stack exhausts be performed during normal daylight operations when exhausting to the atmosphere. Permit Condition D.2.8(a) of Part 70 Operating Permit T061-6065-00013 requires the Permitee to maintain records to assure compliance with Permit Condition D.2.5. This violation is based on the fact that there were no visible emission notations documented for the months of May, June, July, September and October of 1999.
d. Permit condition D.2.6 of Part 70 Operating Permit T061-6065-00013 requires that an inspection shall be performed each calendar quarter of all baghouse bags controlling the woodworking operation when venting to the atmosphere. Permit Condition D.2.8(b) of Part 70 Operating Permit T061-6065-00013 requires the Permitee to maintain records to assure compliance with Permit Condition D.2.6. This violation is based on the fact that there were no baghouse inspections documented for the second and third quarters of 1999.
e. Permit Condition D.3.6(a) of Part 70 Permit T061-6065-00013 requires emissions notations of the boiler stack exhaust shall be performed during normal daylight operations once per shift. Permit Condition D.3.7(b) of Part 70 Operating Permit T061-6065-00013 requires the Permitee to maintain records to assure compliance with Permit Condition D.3.6. This violation is based on the fact that there were no boiler stack visible emission notations documented for the months of December 1999, and January 2000.
7. On August 17, 2000, the Respondent submitted the 1999-second and third quarter baghouse inspections, as required by Permit Condition D.2.6.
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 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. Within thirty (30) days of the Effective Date, the Respondent shall submit a Opacity Emission Monitoring Plan providing details of the procedures and practices implemented, or to be implemented, to ensure proper management of the boiler and associated feed system(s) to control opacity exceedance of greater than 40%.
3. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Ms Linda L. McClure
Indiana Department of Environmental Management
Office of Enforcement
100 N. Senate Avenue, P. O. Box 6015
Indianapolis, IN 46206-6015
(317) 232-8408
4. Respondent is assessed a civil penalty of Eight Thousand Six Hundred and Twenty-Five Dollars ($8,625). Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall pay a portion of this penalty in the amount of One Thousand Seven Hundred and Twenty Five Dollars ($1,725). Said penalty amount shall be due and payable to the Environmental Management Special Fund. In lieu of payment of the remaining civil penalty, Respondent shall perform and complete a Supplemental Environmental Project (SEP). Respondent estimates that this SEP will cost Sixteen Thousand Dollars ($16,000). Within Fifteen (15) days of completing this SEP, Respondent shall submit written notice and documentation to IDEM, which substantiates all actions taken and costs, incurred with respect to the SEP. In the event that the cost of the SEP is less than Thirteen Thousand Eight Hundred Dollars ($13,800), Respondent shall pay fifty percent (50%) of the difference between Thirteen Thousand Eight Hundred Dollars ($13,800), and the actual cost of the SEP.
As a Supplemental Environmental Project, Respondent shall replace the metal baffles on sixteen spray booths with a filter media. All sixteen-spray booths are located at the Corydon, Indiana plant. Respondent shall replace the metal baffles on the specified spray booths with filter media by no later than one year of the Effective Date. Implementation of this SEP will increase the collection efficiency of the spray booths from fifty percent to an estimated ninety four percent. The spray booths affected by this SEP are as follows:
a. Chart Paint Line Stain 2 booths
Sealer 1 booth
Glaze 1 booth
Topcoat 1 booth
b. Case and Table Line Stain 2 booths
Sealer 2 booths
Glaze 1 booth
Topcoat 2 booths
c. Bedroom Line Stain 1 booth
Sealer 1 booth
Glaze 1 booth
Topcoat 1 booth
5. In the event the terms and conditions of the following paragraphs are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amount:
Violation Penalty
Failure to comply with Order paragraph 2 $100 per week
6. Stipulated penalties shall be due and payable within thirty (30) days after Respondent receives written notice that the Complainant has determined a stipulated penalty is due. Assessment and payment of stipulated penalties shall not preclude the Complainant from seeking any additional relief against the Respondent for violation of the Agreed Order. In lieu of any of the stipulated penalties given above, the Complainant may seek any other remedies or sanctions available by virtue of Respondent=s violation of this Agreed Order or Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.
7. 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:
Cashier
IDEM
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
8. In the event that the Respondent does not complete the SEP by May 01, 2002, the full amount of the civil penalty as stated in paragraph 4 above, plus interest established by IC 24-4.6-101 on the remaining amount, less the portion of the civil penalty Respondent has already paid, will be due within fifteen (15) days from Respondent's receipt of IDEM=s notice to pay. Interest, at the rate established by IC 24-4.6-1-101, shall be calculated on the amount due from the date which is thirty (30) days after the Effective Date of this Agreed Order until the full civil penalty is paid.
9. 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.
10. 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.
11. 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.
12. 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
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 May 22, 2001
___________________________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement