Respondent Name: Terre Haute Wilbert Burial Vault Co., Inc.

Case Number: 2019-26273-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 Terre Haute Wilbert Burial Vault Co., Inc. (“Respondent”), which owns and operates the stationary source that manufactures precast concrete burial vaults, monuments, a crematory operation, and the manufacture of stonework countertops with Plant ID No. 167-00159, located at 509 E Preston Street in Terre Haute, Vigo County, Indiana (“Site”).

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

Matt Puttmann, CFO	Chris Puttmann, Registered Agent
Terre Haute Wilbert Burial Vault Co., Inc.	Terre Haute Wilbert Burial Vault Co., Inc.
509 E Preston Street	509 E Preston Street
Terre Haute, IN 47802	Terre Haute, IN 47802

4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (“NOV”) via certified mail to:

5. At the time of inspections conducted on May 24 and June 3, 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 326 IAC 4-2-2 and Minor Source Operating Permit No. 167-37285-00159 (“Permit”) Condition D.1.1(c), Respondent is responsible for developing an operation and maintenance plan for the incinerator and for reviewing that plan annually.

Respondent failed to develop and annually review an operation and maintenance plan for the incinerator, in violation of 326 IAC 4-2-2 and Permit Condition D.1.1(c).

b. Pursuant to 326 IAC 4-2-2 and Permit Condition D.1.1(d), Respondent is responsible for making the operation and maintenance plan available to the department upon request.

Respondent failed to make the operation and maintenance plan available to the department upon request, in violation of 326 IAC 4-2-2 and Permit Condition D.1.1(d).

c. Pursuant to Permit Condition D.1.3, Respondent is required to prepare a Preventive Maintenance Plan for the facility.

Respondent failed to prepare a Preventive Maintenance Plan for the facility, in violation of Permit Condition D.1.3.

d. Pursuant to Permit Conditions D.1.6 and D.1.8(a), Respondent is responsible for performing and recording daily visible emissions notations of the abrasive blasting stack exhaust during normal daylight operations when exhausting to the atmosphere, and for noting when a notation is not taken and the reason for the lack of a visible emission notation.

Respondent failed to take and record daily visible emissions notations from the abrasive blasting stack or to note the reason for the lack of visible emission notation from August 29, 2016 to June 3, 2019, in violation of Permit conditions D.1.6 and D.1.8(a).

e. Pursuant to Permit Conditions D.1.7 and D.1.8(b), Respondent is responsible for performing an inspection each calendar quarter of the baghouse controlling the abrasive blasting operation and for maintaining records of those inspections.

Respondent failed to perform and maintain records of quarterly baghouse inspections August 29, 2016 to June 3, 2019, in violation of Permit Conditions D.1.7 and D.1.8(b).

f. Pursuant to Permit Condition B.10, Respondent is responsible for submitting an Annual Notification, detailing compliance for the calendar year, by no later than March 1 of the following year.

Respondent failed to submit Annual Notifications for the calendar years 2016, 2017, and 2018 by their respective March 1 deadlines, in violation of Permit Condition B.10.

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 shall submit the Annual Notification for calendar year 2018, pursuant to Permit Condition B.10, within thirty (30) days of the Effective Date.

3. 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.

4. In the event the terms and conditions of this Agreed Order are violated, Complainant may seek additional relief.

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:

IDEM Accounts Receivable

IGCN, Rm 1340

100 N Senate Ave

Indianapolis, IN 46204

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Respondent warrants, at the time of its entry into this Agreed Order, that it is in compliance with the requirements of 326 IAC 4-2-2 and Permit Conditions D.1.1(c), D.1.1(d), D.1.3, D.1.6, D.1.8(a), D.1.7, D.1.8(b), and B.10.

13. The parties were free to consult with their respective counsel regarding entry into this Agreed Order to the extent each deemed necessary.

TECHNICAL RECOMMENDATION:			RESPONDENT:*
Department of Environmental Management			Terre Haute Wilbert Burial Vault Co., Inc.
By:			By:
	David P. McIver, Chief		Printed:
	Enforcement Section		Title:
	Office of Air Quality
			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 2019.
			For the Commissioner:
			Signed on July 31, 2019
			Matthew Stuckey, Deputy Assistant Commissioner
			Office of Air Quality

_____________________

* 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.