STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. SCP LIMITED
HOLDINGS, LLC, 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 Indiana Code (“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 IC 13-13-1-1.
2.
Respondent is SCP Limited Holdings, LLC
(“Respondent”), which owns and operates a stationary igniter manufacturing
facility with Plant ID No. 033-00107 located at 1700 S. Indiana Avenue in Auburn,
DeKalb County, Indiana (“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 a Notice
of Violation (“NOV”) via Certified Mail to:
James A. Buchanan, President and
Registered Agent
SCP Limited Holdings, LLC
1700 S. Indiana Ave.
Auburn, IN 46706
5.
During an investigation conducted by a
representative of IDEM, the following violation was found:
Pursuant to FESOP Permit No.
033-30963-00107, issued to Respondent on January 24, 2012, Permit Condition
D.1.5, and corresponding conditions in subsequent permits, in order to verify
compliance with 326 IAC 2-8-4, 326 IAC 2-2, and Permit Condition D.1.2, the
source shall perform a one-time performance test to verify the uncontrolled
nickel emission factor not later than 180 days after the initial startup of the
Electric Arc Thermal Spraying Booth.
Respondent failed to conduct the one-time performance test not later than 180
days after the initial startup of the Electric Arc Thermal Spraying Booth, in
violation of Permit Condition D.1.5.
6.
In order to return to compliance, a performance
test was conducted on July 11, 2018 with results indicating a nickel emission
rate below the permitted limit.
7.
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 MSOP Permit
033-41399-00107 unless superseded by a permit revision or renewal.
3.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise in writing, shall be sent to:
Andrew Taylor, Enforcement Case Manager |
Office of Air Quality |
Indiana Department of Environmental Management |
100 North Senate Avenue |
Indianapolis, IN 46204-2251 |
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4.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of Four Thousand Two Hundred Fifty Dollars
($4,250.00). Said penalty amount shall
be due and payable to the Environmental Management Special Fund within thirty
(30) days of the Effective Date; the thirtieth day being the “Due Date”.
5.
Civil and stipulated 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,
Rm 1340 |
100
North Senate Avenue |
Indianapolis,
IN 46204 |
6.
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.
7.
Signatories to this Agreed Order certify that
they are fully authorized to execute the Agreed Order and legally bind the
party they represent.
8.
This Agreed Order shall apply to and be binding
upon Respondent and all successors and assigns.
Respondent shall provide a copy of this Agreed Order, if in force, to
any subsequent owners, successors, or assigns before ownership rights are
transferred.
9.
No change in ownership, corporate, or
partnership status of Respondents shall in any way alter the Respondent’s
status of responsibilities under this Agreed Order.
10.
Respondent shall ensure that all contractors,
firms, and other persons performing work under the Agreed Order comply with the
terms of this Agreed Order.
11.
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.
12.
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 the obligation to comply with the
requirements of its applicable permit or any applicable Federal or State law or
regulation.
13.
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.
14.
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.
15.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the U.S. Environmental
Protection Agency (“U.S. 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 U.S.
EPA or any other agency or entity.
16.
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.
TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental Management |
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SCP Limited Holdings, LLC |
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David P. McIver, Chief |
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Enforcement Section |
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Office of Air Quality |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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For the Department of Environmental
Management |
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By: |
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Deputy Attorney General |
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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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DAY
OF |
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, 2020. |
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For the Commissioner: |
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Signed on February 3, 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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