Respondent
Name: Indiana Galvanizing, LLC
Case
Number: 2019-26251-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 Indiana Galvanizing, LLC
(“Respondent”), which owns and operates a stationary hot dip galvanizing
operation for a variety of fabricated steel parts used primarily in the energy,
structural, and transportation industries with Plant ID No. 039-00741 located
at 51702 Lovejoy Drive in Middlebury, Elkhart 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:
Jason Monnig, Manager |
Northwest
Registered Agent, LLC, Registered Agent |
Indiana
Galvanizing, LLC |
Indiana
Galvanizing, LLC |
541 East Orchard Drive |
5534 Saint Joe Road |
Glasgow, MO 65254 |
Fort Wayne, IN 46835 |
5.
Based on IDEM’s review, the following violations
were in existence or identified by a representative of IDEM’s Office of Air
Quality (“OAQ”).
a.
Pursuant to Federally Enforceable State
Operating Permit (FESOP) No. 039-33180-00741 (FESOP 33180) condition B.11 and
FESOP No. 039-39120-00741 (FESOP 39120) condition B.9, Respondent is
responsible for submitting an Annual Compliance Certification (“ACC”) for each
year to IDEM no later than April 15 of the following year.
Respondent was late submitting the Annual Compliance Certifications for the
years 2013, 2015, and 2018, in violation of FESOP 33180 condition B.11 and
FESOP 39120 condition B.9.
b.
Pursuant to FESOP 33180 condition C.18 and
FESOP 39120 condition C.17, Respondent shall submit the Quarterly Deviation and
Compliance Monitoring Report no later than thirty (30) days after the reporting
period.
Respondent was late submitting the Quarterly Deviation and Compliance
Monitoring Reports for the first, second, third, and fourth quarters of 2018,
and the first quarter of 2019, in violation of FESOP 33180 condition C.18 and
FESOP 39120 condition C.17.
c.
Pursuant to FESOP 39120 condition D.1.6,
Respondent shall perform PM, PM10, and PM2.5 testing of the abrasive blasting
units, identified as EU1 and EU2, utilizing methods as approved by the Commissioner
at least once every five (5) years from the date of the most recent valid
compliance demonstration.
Respondent failed to perform PM, PM10, and PM2.5 testing of the abrasive
blasting units, identified as EU1 and EU2, utilizing methods as approved by the
Commissioner at least once every five (5) years from the date of the most
recent valid compliance demonstration, in violation of FESOP 39120 condition
D.1.6.
6.
Abrasive blasting units EU1 and EU2 were
permanently removed from the facility, and a new permit (Registration No.
039-41654-00741) was issued on August 20, 2019 to reflect the emission unit change.
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 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:
Indiana
Department of Environmental Management |
Accounts
Receivable |
IGCN,
Room 1340 |
100
North Senate Avenue |
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.
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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Indiana
Galvanizing, LLC |
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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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DAY OF |
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2019. |
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For
the Commissioner: |
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Signed
on October 17, 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.