STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

GEORGIA PACIFIC GYPSUM, LLC,

Respondent.

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Case No. 2018-25686-A

 

 

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 Georgia Pacific Gypsum, LLC (“Respondent”), which owns and operates a stationary wallboard manufacturing facility with Plant I.D. No. 073-00031 located at 484 East County Road 1400 North in Wheatfield, Jasper County, Indiana (“Site”).

 

3.             IDEM has jurisdiction over the parties and the subject matter of this action.

 

4.             Respondent submitted a self-disclosure on July 27, 2017 and a revised self-disclosure on August 3, 2017 which identified the violations in Findings of Fact, Paragraph No. 6.

 

5.             Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (“NOV”) in conjunction with this Agreed Order via Certified Mail to:

 

Christian Fischer, President and CEO     CT Corporation System,

Georgia Pacific Gypsum, LLC                 Registered Agent

133 Peachtree Street, NE                       150 West Market St., Suite 800

Atlanta, GA 30303                                  Indianapolis, IN 46204

Indianapolis, IN 46204

 

6.             During an investigation conducted by a representative of IDEM, the following violations were found:

 

a.             Pursuant to Part 70 Operating Permit No. 073-31763-00031 (“Permit”), Conditions B.10 and D.3.2 and corresponding conditions in subsequent permits, a Preventive Maintenance Plan is required for these facilities (0401, 0402, 0703, and 0704) and the control devices (BCM1, BCS1, and BCS2). Section B - Preventive Maintenance Plan contains the Permittee's obligation with regard to the preventive maintenance plan required by this condition.

 

Respondent failed to comply with and maintain a Preventative Maintenance Plan for the affected facilities, in violation of Permit Conditions B.10 and D.3.2 and corresponding conditions in subsequent permits.

 

b.             Pursuant to Permit Condition D.1.3(a), in order to comply with Condition D.1.2, baghouses BSR1, BRC1, BST1, BST2, BLB1, BLB2, BBM1, BSH1, BSC1, BSB1, BSB2, BSP1, and BAS1 for PM control shall be in operation and control emissions from facilities 0302, 0303, 0306, 0307, 0308, 0501, 0502, 0601, 0607, 0608, 0703, 0704, 0801 through 0816, 0817, 0818, 0908, 0909, and 1002 at all times that these facilities are in operation.

 

During July, 2017, it was identified that Respondent failed to route emissions from Kason Sifter, unit 0608 to Landplaster Bin #2, unit 0502, which is in turn controlled by baghouse BLB2, in violation of Permit Condition D.1.3(a).

 

7.             Respondent revised the Preventative Maintenance Plan on November 21, 2017 and provided a copy to IDEM on November 15, 2018.

 

8.             Respondent provided additional corrective action documentation on December 3, 2018.

 

9.             With respect to the Kason Sifter, upon discovery, Respondent implemented a temporary fix, and a permanent hose connector was installed within six days to route emissions from the Kason Sifter, EU0608 to Landplaster Bin #2, EU0502.

 

10.          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 the permit conditions listed in the findings above at issue.

 

3.             All submittals required by this Agreed Order, unless IDEM notifies the Respondent otherwise in writing, shall be sent to:

 

Jennifer Bailey, Enforcement Case Manager

Office of Air Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

4.             Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Two Thousand Five Hundred Fifty Dollars ($2,550).  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 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.             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 pay 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 this 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 Respondent shall in any way alter the Respondent’s status or responsibilities under this Agreed Order.

 

10.          Respondent shall ensure that all contractors, firms, and other persons performing work under this 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 any applicable permits or any applicable Federal or State laws or regulations.

 

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 violation 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:

 

RESPONDENT:

Department of Environmental Management

 

Georgia pacific Gypsum, LLC

 

 

 

By:

 

 

By:

 

 

David P. McIver, Chief

 

Printed:

 

 

Enforcement Section

 

Title:

 

 

Office of Air Quality

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

 

 

COUNSEL FOR RESPONDENT:

 

 

 

 

 

 

 

 

 

By:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2019.

 

 

For the Commissioner

 

 

 

Signed on November 20, 2019

 

Matthew Stuckey, Deputy Assistant Commissioner

 

Office of Air Quality

 

Indiana Department of Environmental Management