STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) CAUSE NO. A-4229
)
AK INDUSTRIES, INC., )
)
Respondent. )
AGREED ORDER
I. FINDINGS OF FACT
2. Respondent is AK Industries, Inc. (hereinafter referred to as "Respondent"), which
owns and operates a fiberglass wastewater catch basins and covers fabrication
facility at 2055 Pidco Drive, located in Plymouth, Indiana (Source).
3. The Indiana Department of Environmental Management ("IDEM") has
jurisdiction over the parties and subject matter of this action.
4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail
to:
Mr. John S. Sabo,
President and Registered Agent
AK Industries, Inc.
P. O. Box 640,
Plymouth, IN 46563
6. Rule 326 IAC 1-6-4(b) requires that "no facility shall be operated unless the air
pollution control device(s) and measures are also in operation simultaneously and
are not bypassed."
7. Operation condition number 8b of construction permit CP 099-2776 issued on
December 9, 1994, requires that "the particulate matter overspray from the surface
coating facilities shall be considered in compliance with 326 IAC 6 provided that
overspray is not: ... b) accumulated on the rooftops or on the ground."
No particulate matter controlling dry filters were in place in the following
facilities: a) one of the two operational lamination booths, located in the southeast
corner of the main production area, and particulate matter accumulations were
observed on the ground around the exhaust for both lamination booths; b)
operational gelcoat booth, located on the south side of main production area, and
particulate matter accumulations were observed on the ground around the exhaust;
and c) operational paint booth, located in the northeast corner of main production
area, and particulate matter accumulations were observed on the ground around
the exhaust, violations of 326 IAC 1-6-4(b) and the construction permit condition
number 8b. After the inspection report was sent to Respondent, Respondent took
appropriate corrective actions.
8. Operation condition number 6b of construction permit CP 099-4597 requires that
"the particulate matter overspray from the surface coating facilities shall be
considered in compliance with 326 IAC 6 provided that overspray is not: ... b)
accumulated on the rooftops or on the ground."
No particulate matter controlling dry filters were in place in the following
facilities: a) one operational resin/chop booth, located in the southeast corner of
the main production area, and particulate matter accumulations were observed on
the ground around the exhaust for both lamination booths; b) two operational
mandrels of the winding machines, located against west wall of the main
production area; and c) two fiberglass grinding booths, located between the tube
cutter and paint booth, were not connected to the baghouse collectors and
emissions were being vented directly on the ground on the east side of plant;
particulate matter accumulations were observed on the ground, violations of 326
IAC 1-6-4(b) and the construction permit condition number 6b. After the
inspection report was sent to Respondent, Respondent took appropriate corrective
actions.
9. Operation condition number 5 of construction permit CP 099-4597 requires that
"a quarterly summary shall be submitted to Compliance Data Section ... within 30
days after the end of the quarter being reported" to verify compliance with
operation condition number 4 rendering the BACT requirements inapplicable
based upon the monthly total VOC limit of 4,000 pounds.
10. Respondent failed to submit the 3rd and the 4th quarter reports for 1997, a violation
of construction permit CP 099-4597 conditions number 5.
11. Operation condition number 5 of construction permit CP 099-2776 requires that
the BACT for the septic tank manufacturing facility will be "the use of the airless
spray method with high transfer efficiency during all times of operations."
During the inspection, Respondent failed to operate an appropriate airless spray
gun, and used a conventional gun instead during the observed operations, a
violation of 326 IAC 8-1-6 and of construction permit CP 099-2776 condition
number 5. After the inspection report was sent to Respondent, Respondent
eliminated a non-compliant spray gun.
12. 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 his delegate, and has been received by the Respondent. This
Agreed Order shall have no force or effect until the Effective Date.
2. Respondent shall use the appropriate control devices in all its facilities at all times
when the facilities operate.
3. Respondent shall design a standard operating procedure (SOP) on how to use
appropriate control devices, and instruct all employees involved in operation of
the facilities that are required to use a control device, within thirty (30) days of the
Effective Date of this Agreed Order. Respondent shall post the SOP in a place for
accessible observation. Respondent shall submit a copy of the SOP to
Complainant along with the list of names of instructed employees within forty
five (45) days of the Effective Date of this Agreed Order.
Respondent shall apply for and obtain appropriate approvals for all currently non-
permitted facilities. Respondent shall submit such application no later than sixty
(60) days of the Effective Date of this Agreed Order.
5. 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
6. Respondent is assessed a civil penalty of Twenty Nine Thousand Six Hundred
Dollars ($29,600.00). Said penalty amount shall be due and payable to the
Environmental Management Special Fund within thirty (30) days of the Effective
Date of this Agreed Order.
7. Civil penalties are 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
8. In the event that the civil penalty required by paragraph 6 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.
9. This Agreed Order shall apply to and be binding upon the Respondent, its officers,
directors, principals, agents, successors, subsidiaries, 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.
By: _________________________ By: _________________________
David P. McIver
Air Section Chief
Office of Enforcement Printed: ______________________
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 ____________________, 199___.
For the Commissioner:
___________________________
Felicia Robinson George
Assistant Commissioner
of Enforcement
Converted by Andrew Scriven