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STATE OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT OF |
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ENVIRONMENTAL MANAGEMENT |
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COUNTY OF MARION ) |
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COMMISSIONER OF THE DEPARTMENT |
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OF ENVIRONMENTAL MANAGEMENT |
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Complainant, |
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Case Nos. 2016-24180-A, 2017-24618-A,
and 2017-24692-A |
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DALTON CORPORATION, WARSAW MANUFACTURING FACILITY, |
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Respondent. |
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AGREED ORDER
Complainant and 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. Pursuant to IC 13-30-3-3, entry
into the terms of this Agreed Order does not constitute an admission of any
violation contained herein. Respondent's
entry into this Agreed Order shall not constitute a waiver of any defense,
legal or equitable, which Respondent may have in any future administrative or
judicial proceeding, except a proceeding to enforce this order.
I.
FINDINGS OF FACT
1.
Complainant is the Commissioner (“Complainant”)
of the Indiana Department of Environmental Management (“IDEM”), a department of
the State of Indiana created by Indiana Code (“IC”) 13-13-1-1.
2.
Respondent is Dalton Corporation, Warsaw
Manufacturing Facility (“Respondent”), which owns and operates a stationary
gray iron foundry with Plant I.D. No. 085-00003 located at 1900 East Jefferson
Street in Warsaw, Kosciusko County, Indiana (the “Site”).
3.
IDEM has jurisdiction over the parties and the
subject matter of this action.
4.
Pursuant to IC 13-30-3-3, IDEM issued two
Notices of Violation (“NOV”) on October 30, 2018, via Certified Mail to:
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Jeffrey Stone, President |
CT Corporation System, Registered
Agent |
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Dalton Corporation, Warsaw Manufacturing Facility |
150 West Market Street Suite 800 |
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1900 East Jefferson Street |
Indianapolis, IN 46204 |
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Warsaw, IN 46581 |
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5.
During an investigation conducted by
representatives of IDEM, the following violations were found:
Per Notice of
Violation referencing cases 2016-24180-A and 2017-24618-A
a. Pursuant to Part 70 Permit
085-36091-00001 (“permit”), issued to Respondent August 10, 2015 condition
D.2.1(f), the VOC emissions from the Cupola Melt Furnace shall be limited to
0.009 pounds per ton of metal.
Respondent conducted stack testing on March 15, 2016 and June 29, 2016,
demonstrating VOC emissions of 0.018 and 0.029 pounds per ton of metal,
respectively, in violation of permit condition D.2.1(f).
b.
Pursuant to permit condition D.3.1(c)(3), the
VOC emissions from the Herman 2 Castings Cooling shall be limited to 0.687
pounds per ton of metal.
Respondent conducted stack testing of Herman 2 Casting Cooling on April 4-5,
2017, demonstrating VOC emissions of 1.73 pounds per ton of metal, in violation
of permit condition D.3.1(c)(3).
c.
Pursuant to permit condition D.3.1(b)(3), the
VOC emissions from the Herman 2 Pouring shall be limited to 0.163 pounds per
ton of metal.
Respondent conducted stack testing of Herman 2 Pouring on April 4-5, 2017,
demonstrating VOC emissions of 0.36 pounds per ton of metal, in violation of
permit condition D.3.1(c)(3).
d.
Pursuant to permit condition D.3.1(b)(2), the
PM10 emissions from the Herman 2 Pouring shall be limited to 0.052 pounds per
ton of metal.
Respondent conducted stack testing of Herman 2 Pouring on April 4-5, 2017,
demonstrating PM10 emissions of 0.058 pounds per ton of metal, in violation of
permit condition D.3.1(c)(3).
Per Notice of
Violation referencing case 2017-24692-A
e.
Pursuant to Part 70 Permit 085-36091-00003,
issued to Respondent August 10, 2015 condition D.5.5, PM and PM10 testing of
the vibratory shaker shall be conducted once every five (5) years from the date
of the last valid compliance demonstration.
Respondent failed to conduct compliance testing of the vibratory shaker before
November 14, 2016, in violation of Part 70 Permit 085-36091-00003 condition
D.5.5.
6.
Significant Permit Modification 085-39431-00003
was issued on August 30, 2018. Permit modified metal throughput and emission
limits to show compliance with test results listed above.
7.
Significant Permit Modification 085-39431-00003
was issued on August 30, 2018. Permit modified the vibratory shaker condition
to require testing within one hundred eighty (180) days after the initial
startup of Baghouse #3 as control for Vibratory Shaker VB1. Startup of Baghouse #3 as control for
Vibratory Shaker VB1 is October 9, 2018.
8.
Respondent conducted stack testing of the
vibratory shaker on November 29, 2018.
9.
Orders of the Commissioner are subject to
administrative review by the Office of Environmental Adjudication under IC
4-21.5; however, in recognition of the settlement reached, Respondent
acknowledges notice of this right
and 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 Complainant or Complainant’s delegate, and has been received by Respondent. This Agreed Order shall have no force or
effect until the Effective Date.
2.
Respondent shall comply with Part 70 permit
085-42039-00003 unless superseded by a permit modification or renewal.
3.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
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Matthew Chaifetz, Senior Enforcement
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Compliance and Enforcement Branch – Mail
Code 61-53 |
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Indiana Department of Environmental
Management |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
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mchaifet@idem.IN.gov |
4.
Respondent is assessed and agrees to pay a
civil penalty of Ninety-Eight Thousand Dollars ($98,000.00). The civil penalty shall be paid in six (6)
monthly installments. The initial
payment of Sixteen Thousand Three Hundred Thirty-Five Dollars ($16,335.00) shall
be due and payable to the Environmental Management Special Fund within thirty
(30) days of the Effective Date; the 30th day being the “Due Date”. Five (5) additional payments of Sixteen
Thousand Three Hundred Thirty-Three Dollars ($16,333.00) each shall be made, one
within sixty (60) days of the Effective Date, the second within ninety (90)
days of the Effective Date, the third within one hundred twenty (120) days of
the Effective Date, the fourth within one hundred fifty (150) days of the
Effective Date, and the fifth within one hundred eighty (180) days of the
Effective Date.
5.
Civil 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:
Indiana
Department of Environmental Management
Accounts
Receivable
IGCN, Room
1340
100 North
Senate Avenue
Indianapolis,
IN 46204
6.
This Agreed Order shall apply to and be binding
upon Respondent and its successors and assigns. Respondent’s signatories to
this Agreed Order certify that they are fully authorized to execute this Agreed
Order and legally bind the party they represent. No change in ownership, corporate, or
partnership status of Respondent shall in any way alter its status or
responsibilities under this Agreed Order.
7.
In the event that the monies
due to IDEM pursuant to this Agreed Order are not paid on or before their Due Date,
Respondent shall pay interest on the unpaid balance at the rate established by
IC 24-4.6-1. The interest shall be
computed as having accrued from the Due Date until the date that Respondent
pays any unpaid balance. Such interest
shall be payable to the Environmental Management Special Fund,
and shall be payable to IDEM in the manner specified in Paragraph 5,
above.
8.
In the event that any terms of this 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 this Agreed Order did not
contain the invalid terms.
9.
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 is not and shall not be
interpreted to be a permit or a modification of an existing permit. This Agreed Order, and IDEM’s review or
approval of any submittal made by Respondent pursuant to this Agreed Order,
shall not in any way relieve Respondent of its obligation to comply with the
requirements of its applicable permit or any applicable Federal or State law or
regulation.
11.
Complainant does not, by its approval of this
Agreed Order, warrant or aver in any manner that Respondent’s compliance with
any aspect of this Agreed Order will result in compliance with the provisions
of any permit, order, or any applicable Federal or State law or
regulation. Additionally, IDEM or anyone
acting on its behalf shall not be held liable for any costs or penalties
Respondent may incur as a result of Respondent’s
efforts to comply with this Agreed Order.
12.
Nothing in this Agreed Order shall prevent or
limit IDEM’s rights to obtain penalties or injunctive relief under any
applicable Federal or State law or regulation, except that IDEM may not, and
hereby waives its right to, seek additional civil penalties for the same
violations specified in the NOV.
13.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the EPA or any other
agency or entity about any matters relating to this enforcement action. IDEM or anyone acting on its behalf shall not
be held liable for any costs or penalties Respondent may incur as a result of such communications with the EPA or any other
agency or entity.
14.
This Agreed Order shall remain in effect until
Respondent has complied with all terms and conditions of this Agreed Order and
IDEM has issued a Resolution of Case letter to Respondent.
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TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental Management |
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Dalton Corporation, Warsaw Manufacturing Facility |
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By: |
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By: |
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David P. McIver, Chief |
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Printed: |
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Enforcement Section |
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Title: |
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Office of Air Quality |
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Date: |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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For the Department of Environmental
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By: |
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By: |
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Date: |
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Date: |
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APPROVED AND ADOPTED BY THE INDIANA
DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
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, 2020. |
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For the Commissioner: |
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Signed on October 8, 2020 |
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Matthew Stuckey Deputy Assistant |
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Commissioner |
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Office of Air Quality |
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