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-4485
)
GAUNT & SON ASPHALT, INC., )
)
Respondent. )
AGREED ORDER
I. FINDINGS OF FACT
2. Respondent is Gaunt & Son Asphalt, Inc. (hereinafter referred to as
"Respondent"), which owns and operates an asphalt plant at 5511 West Old 24,
located in Wabash, 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. Michael Hileman, President
Gaunt and Sons Asphalt
5511 West Old 24
Wabash, Indiana 46992
6. This violation is based on the fact that during the October 22, 1998, stack test
results review it was observed that average PM emissions sampled from the
baghouse attached to dryer/mixer exhaust were 74.11 pounds per hour (lbs/hr),
which is over the limit of 33.77 lbs/hr.
7. Between November of 1998 and March of 1999 Respondent replaced all defective
bags in the baghouse and built a new duct system. On May 27, 1999, Respondent
conducted additional stack test at the baghouse. The results indicate compliance
with the emissions limit.
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 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 design and submit to Complainant a standard operating
procedure (SOP) for periodic inspections of the baghouse attached to the
dryer/mixer within thirty (30) days of the Effective Date of this Agreed Order.
Respondent shall designate personnel to conduct visual inspections of bags inside
the baghouse every two (2) weeks. Respondent shall designate personnel to
conduct the baghouse bags inspections assisted by the black light instrumentation
every forty five (45) days. The SOP containing the detailed inspection procedures
and schedule shall be attached to become a part of this Agreed Order.
3. Respondent shall conduct the periodic baghouse inspections in accordance with
the SOP, make records of the inspections, and maintain them on site for two (2)
years. Respondent shall make the records available to Complainant's
representative upon request.
4. 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
5. Respondent is assessed a civil penalty of Eight Thousand Dollars ($8,000.00).
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.
6. In the event the following terms and conditions are violated, the Complainant may
assess and the Respondent shall pay a stipulated penalty in the following amounts:
Violation Penalty
Failure to comply with Order $500.00 per each day
paragraph 2 of this Agreed of violation
Order
Failure to comply with Order $500.00 per each day
paragraph 3 of this Agreed of violation
Order
7. 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.
8. Civil and stipulated 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
9. In the event that the civil penalty required by Order paragraph 5 of this Agreed Order and/or stipulated penalty required by Order paragraph 6 of this Agreed
Order are not paid within thirty (30) days of the Effective Date of this Agreed
Order or of the Complainant's notice receipt, respectively, 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.
10. 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.
11. 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.
12. 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.
13. 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:
Signed on September 24, 1999
___________________________
Felicia Robinson George
Assistant Commissioner
of Enforcement
Converted by Andrew Scriven