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-4527
)
Dupage Die Casting of Indiana, Inc., )
)
Respondent. )
AGREED ORDER
I. FINDINGS OF FACT
2. Respondent is Dupage Die Casting of Indiana, Incorporated (hereinafter referred
to as "Respondent"), which owns a manufacturing plant that produces aluminum
die castings for the marine and automotive industries at 410 Weatherhead Street,
located in Angola, Indiana.
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:
Joseph Ponteri, President Corporation Services Company,
Dupage Die Casting of Indiana, Inc. Resident Agent
6119 West Howard Street 251 East Ohio Suite 100
Niles, Illinois 60714-3401 Indianapolis, Indiana 46204
5. Designated representative(s) of the Indiana Department of Environmental
Management (IDEM) conducted inspections at Dupage Die Casting of Indiana,
Inc. located at 410 Weatherhead Street in Angola, Indiana ("the Site") on March
8, 1999, and March 10, 1999.
6. Pursuant to 326 IAC 6-4-2(4), no source shall allow fugitive dust to visibly cross
the boundary or property line of a source. This source allowed fugitive emissions
emanating from the Samsco oil separation unit to cross property lines at ground
level, a violation of 326 IAC 6-4-2(4).
7. 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 any one (1) six (6) minute averaging period. This
source's visible emissions, from the Samsco oil separation unit, were 100% for
three consecutive six (6) minute averaging periods, a violation of 326 IAC 5-1-
2(1)(A).
8.
Pursuant to 326 IAC 2-1-3, a source or facility which has allowable emissions of
twenty-five (25) tons or more per year of any regulated pollutant shall apply for
and obtain a construction permit prior to commencing construction. A facility
located at this source,
a manufacturing facility that produces aluminum die
castings for the marine and automotive industries
, was constructed without first
applying for and obtaining a construction permit, a violation of 326 IAC 2-1-3.
9.
Pursuant to 326 IAC 2-1-4, a source or facility which has allowable emissions of
twenty-five (25) tons or more per year of any regulated pollutant shall apply for
and obtain an operating permit prior to commencing operation. This facility began
operating without first applying for and obtaining an operating permit, a violation
of 326 IAC 2-1-4.
10. 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. The Respondent shall maintain and operate the Samsco oil separation unit in such
a manner as to avoid violations of 326 IAC 5-1.
3. All submittals required by this Agreed Order, unless notified otherwise in writing,
shall be sent to:
Chad Pigg, 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 Eight Thousand, Two Hundred Fifty
Dollars ($8,250). 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.
5. 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
6. Stipulated penalties shall be due and payable within 30 days after the 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 assessment of the stipulated penalties
given above, the Complainant may seek any other remedies or sanctions available
by virtue of the Respondent's violation of this Agreed Order or Indiana law,
including, but not limited to, civil penalties pursuant to IC 13-30-3-4.
7. 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
8. In the event that the civil penalty required by paragraph four (4) 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 for a period of two (2) years after the
Effective Date of the Agreed Order.
By: _________________________ By: _________________________
David P. McIver
Chief, Air Section
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:
A.O. adopted December 13, 1999
___________________________
Felicia A. Robinson
Assistant Commissioner of Enforcement
Converted by Andrew Scriven