Respondent
Name: Horizon Terra, Inc., dba idX Louisville
Case
Number: 2019-26035-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 Horizon Terra, Inc., dba idX Louisville (“Respondent”), which owns and operates a stationary
wood fixtures manufacturing plant with Plant ID No. 019-00120 located at 101
River Ridge Circle in Jeffersonville, Clark 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:
Terrence
Schultz, President |
Gina
Williams, Registered Agent |
Horizon
Terra, Inc., dba idX Louisville |
101
River Ridge Circle |
101
River Ridge Circle |
Jeffersonville,
IN 47130 |
Jeffersonville,
IN 47130 |
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5.
At the time of an inspection conducted on February
26, 2019, the following violations were in existence or observed at the Site by
a representative of IDEM’s Office of Air Quality (“OAQ”).
a.
Pursuant to Minor Source Operating Permits
019-30046-00120, issued February 22, 2012 (“Permit 30046”), Condition D.1.7,
and 019-37642-00120, issued December 15, 2016 (“Permit 37642”) Condition D.1.6,
Respondent shall perform daily inspections to verify the placement, integrity
and particle loading of the dry filters, along with weekly and monthly
observations of the overspray from the surface coating operations stacks on the
nearby rooftops and ground.
Respondent failed to perform either the daily inspections to verify the
placement, integrity and particle loading of the dry filters, or the weekly and
monthly observations of the overspray from the surface coating operations
stacks on the nearby rooftops and ground, in violation of Permit 30046
Condition D.1.7 and Permit 37642 Condition D.1.6.
b.
Pursuant to Permit 30046 Condition D.1.8 and
Permit 37642 Condition D.1.7, Respondent shall maintain a log of the daily,
weekly and monthly inspections and overspray observations.
Respondent failed to maintain a log of the daily, weekly and monthly
inspections and overspray observations, in violation of Permit 30046 Condition
D.1.8, and Permit 37642 Condition D.1.7.
c.
Pursuant to Permit 30046 and Permit 37642
Condition D.2.6, Respondent shall record the pressure drop across baghouse
(BH-1) at least once per day when the associated woodworking operation is in
operation.
Respondent failed to complete or record daily pressure drop readings from October
10, 2015 to October 25, 2015 and February 1, 2019 to February 26, 2019, in
violation of Permit 30046 and Permit 37642 Condition D.2.6.
d.
Pursuant to Permit 30046 and Permit 37642
Condition D.2.6, Respondent shall calibrate or replace the instrument used for
determining the pressure for the baghouse (BH-1) at least once every six (6)
months.
Respondent failed to calibrate or replace the instrument used for determining
the pressure for the baghouse (BH-1) at least once every six (6) months, in
violation of Permit 30046 and Permit 37642 Condition D.2.6.
e.
Pursuant to Permit 30046 Condition D.2.8 and
Permit 37642 Condition D.2.7, Respondent shall maintain daily records of the
pressure drop across the baghouse (BH-1).
Respondent failed to maintain daily records of the pressure drop across the
baghouse (BH-1) from October 10, 2015 to October 25, 2015 and February 1, 2019
to February 26, 2019, in violation of Permit 30046 Condition D.2.8 and Permit
37642 Condition D.2.7.
6.
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 adopted via signature by Complainant or
Complainant’s delegate, and the adopted Agreed Order has been received by
Respondent. This Agreed Order shall have
no force or effect until the Effective Date.
This offer to settle the allegations contained in this Agreed Order does
not bind or obligate the parties of this enforcement action if the Agreed Order
is not adopted.
2.
Respondent is assessed a civil penalty of Five
Hundred Dollars ($500.00). Respondent
shall pay said penalty amount no later than fifteen (15) days after the
Effective Date (“Due Date”). In the
event that the civil penalty is not paid by the Due Date, Respondent shall pay
interest on the unpaid balance at the rate established by IC 24-4.6-1-101.
3.
In the event the terms and conditions of this
Agreed Order are violated, Complainant may seek additional relief.
4.
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:
IDEM
Office of Legal Counsel |
IGCN,
Rm N1307 |
100
N Senate Ave |
Indianapolis,
IN 46204 |
5.
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.
6.
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.
7.
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.
8.
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.
9.
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.
10.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the United States
Environmental Protection Agency (“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.
11.
Respondent warrants, at the time of its entry
into this Agreed Order, that it is in compliance with the requirements of Permit
Conditions D.1.6, D.1.7, D.2.6, and D.2.7.
12.
The parties were free to consult with their
respective counsel regarding entry into this Agreed Order to the extent each
deemed necessary.
TECHNICAL
RECOMMENDATION: |
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RESPONDENT:* |
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Department
of Environmental Management |
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Horizon
Terra, Inc., dba idX Louisville |
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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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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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2019. |
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For
the Commissioner: |
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Signed
on April 14, 2019 |
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Matthew Stuckey, Deputy Assistant
Commissioner |
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Office
of Air Quality |
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_____________________
* In the event
that Respondent does not accept the settlement offer contained in this Agreed
Order, IDEM notes that this document is a qualified offer of settlement, and
therefore Rule 408 of Indiana Rules of Evidence applies to this document,
rendering it inadmissible.