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. 2000-9601-A
)
JEFFERSON SMURFIT CORP. US, )
)
Respondent. )
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.
1. Complainant is the Commissioner ("Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.
2. Respondent is Jefferson Smurfit Corp. US ("Respondent"), which owns and operates a recycled paper mill ID number 157-00002 located at 40 Chestnut Avenue in Lafayette, Tippecanoe County, Indiana ("Site").
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and the subject matter of this action.
4. Pursuant to IC 13-30-3-3, on September 22, 2000, IDEM issued a Notice of Violation via Certified Mail to:
Mr. J. E. Terrill, President CT Corporate Systems, Registered Agent
Jefferson Smurfit Corporation for Jefferson Smurfit Corporation
8182 Maryland Avenue, 11th Floor One North Capitol
St. Louis, MO 63105 Indianapolis, IN 46204
5. A records review was conducted for the Site by a representative of IDEM's Office of Air Management (OAM). The following violations were in existence or observed at the time of the records review:
a.. Pursuant to 326 IAC 2-7-3, no Part 70 source may operate after the time that it is required to submit a timely and complete application except in compliance with a Part 70 permit issued under this rule. A source can continue to operate without being in violation of this rule if it submits a timely and complete application. This source operated without submitting a timely and complete Part 70 permit application, a violation of 326 IAC 2-7-3.
b. Pursuant to 326 IAC 2-7-4 a timely Part 70 application is one that is received within twelve (12) months after the source becomes subject to the Part 70 permit program. For applicable sources in existence on December 14, 1995, the deadline is December 13, 1996. For other sources, the deadline is twelve (12) months from the date the source first meets an applicability criterion of section 2 of this rule. This source failed to submit a timely Part 70 application because this source's Part 70 permit application was received after the December 13, 1996 submission deadline, a violation of 326 IAC 2-7-4.
6. Respondent submitted a federally enforceable state operating permit (FESOP) application number F157-10113-00002 on September 3, 1998. The permit was issued on June 15, 2000.
7. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed 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 shall comply with all the provisions of the federally enforceable state operating permit (FESOP) number F157-10113-00002 and subsequent amendments.
3. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Mr. Michael Stonik, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
4. Respondent is assessed a civil penalty of Fourteen Thousand Four Hundred and Thirty Seven Dollars and 50 cents ($14,437.50). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date of this Agreed Order.
5. Civil penalty is payable by check to the Environmental Management Special Fund. Checks shall include the Cause Number of this action and shall be mailed to:
Cashier
IDEM
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
6. In the event that the civil penalty required by Order paragraph 4 of this Agreed Order, is not paid within thirty (30) days of the Effective Date of this Agreed Order, Respondent 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.
7. 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.
8. 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.
9. 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.
10. This Agreed Order shall remain in effect until Respondent has complied with terms and conditions of this Agreed Order.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management Jefferson Smurfit Corp. US
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:
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 on April 11, 2001
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement