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.

INTAT PRECISION, INC.,

Respondent.

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Case No. 2018-25698-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 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 INTAT Precision, Inc. (“Respondent”), which owns and operates a stationary gray and ductile iron foundry with Plant ID No. 139-00011 located at 2148 State Road 3 North in Rushville, Rush 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 a Notice of Violation (“NOV”) via Certified Mail to:

Tomiyuki Murayama, President

The Prentice-Hall Corporation System Inc.,

INTAT Precision, Inc.

Registered Agent

2148 N. State Road 3

135 N. Pennsylvania St, Suite 1610

Rushville, IN 46173

Indianapolis, IN 46204

 

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

 

a.       Pursuant to Part 70 Permit 139-37486-00011 condition D.3.7, Respondent shall record the pressure drop across baghouses BH6010, BH6020, BH6030, and BH6040, and fabric filters AAF, DC#3, DC#4, DC#1, and Aercology #1 at least once per day when the units are in operation.

Respondent failed to record pressure drop across fabric filters AAF, DC#3, DC#4, DC#1, and Aercology #1 on July 28-29, 2017 and August 11, 2017, in violation of Part 70 Permit 139-37486-00011 condition D.3.7.

b.       Pursuant to Part 70 Permit 139-38900-00011 condition D.3.8, Respondent shall record the pressure drop across baghouses BH6010, BH6020, BH6030, and BH6040, and fabric filters AAF, DC#5, DC#4, DC#1, and DC-2 at least once per day when the units are in operation.


Respondent failed to record pressure drop across fabric filters AAF, DC#5, DC#4, DC#1, and DC-2 on March 29, 2018, in violation of Part 70 Permit 139-38900-00011 condition D.3.8.

c.        Pursuant to Part 70 Permit 139-37486-00011 and Part 70 Permit 139-38971-00011 condition D.7.6, Respondent shall record the pressure drop across the baghouse (BH-20) at least once per day.  When for any one reading, the pressure drop across the baghouse is outside the normal range of 3 and 6 inches of water or a range established during the latest stack test, the Permittee shall take a reasonable response.        

Respondent failed to take response steps for 96 days between April 3 and December 20, 2017, in violation of Part 70 Permit 139-37486-00011 and Part 70 Permit 139-38971-00011 condition D.7.6.

d.       Pursuant to 40 CFR 63.7745(a)(4), Respondent must demonstrate continuous compliance with the operation and maintenance requirements of 40 CFR 63.7710 by initiating and completing corrective action for a bag leak detection system (“BLDS”) alarm according to the corrective action plan required by 40 CFR 63.7710(b)(5) and recording all information needed to document conformance with these requirements.

Respondent failed to take corrective action within 1-hour of a BLDS alarms or document corrective action on August 30-31, 2017 and June 1, 2018, in violation of 40 CFR 63.7745(a)(4).


e.       Pursuant to Part 70 Permit 139-38900-00011 condition D.3.7(a), visible emission notations for Fabric filters AAF, DC#5, DC#4, DC#1, and DC-2 shall be performed once per day during normal daylight operations.

Respondent failed to perform visible emission notations for Fabric filters AAF, DC#5, DC#4, DC#1, and DC-2 on March 29, 2018, in violation of Part 70 Permit 139-38900-00011 condition D.3.7(a).

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 139-41331-00011, unless superseded by a renewal or modification.

 

3.             Within thirty (30) days of the Effective Date, Respondent shall submit documentation on how it will demonstrate continuous compliance with the above cited violations.

 

4.             All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

 

Matthew Chaifetz, Senior Enforcement Manager

Compliance and Enforcement Branch – Mail Code 61-53

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

5.             Respondent is assessed and agrees to pay a civil penalty of Eleven Thousand Two Hundred Fifty Dollars ($11,250.00)  Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the 30th day being the “Due Date”.

 

6.             In the event the terms and conditions of the following paragraphs are violated, Complainant may assess and Respondent shall pay a stipulated penalty in the following amount:

 

Paragraph

Violation

Stipulated Penalty

3

Fail to submit documentation

$500 per week or part thereof

 

7.             Stipulated penalties shall be due and payable no later than the 30th day after Respondent receives written notice that Complainant has determined a stipulated penalty is due; the 30th day being the “Due Date”.  Complainant may notify Respondent at any time that a stipulated penalty is due.  Failure to notify Respondent in writing in a timely manner of a stipulated penalty assessment shall not waive Complainant’s right to collect such stipulated penalty or preclude Complainant from seeking additional relief against Respondent for violation of this Agreed Order.  Neither assessment nor payment of stipulated penalties shall preclude Complainant from seeking additional relief against Respondent for a violation of this Agreed Order; such additional relief includes any remedies or sanctions available pursuant to 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 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

 

9.             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.

 

10.          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 [ ], above.

 

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.          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 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.

 

14.          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.

 

15.          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.

 

16.          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.

 

17.          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

 

INTAT Precision, Inc.

 

 

 

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 October 29, 2019

 

Matthew Stuckey, Deputy Assistant Commissioner

 

Office of Air Quality

 

Indiana Department of Environmental Management