Respondent Name: Zimmer Biomet, Inc.

Case Number: 2019-26428-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 Zimmer Biomet, Inc. (“Respondent”), which owns and operates the stationary prosthetic device manufacturing company with Plant ID No. 085-00064, located at 1800 W Center Street in Warsaw, Kosciusko County, Indiana (“Site”).

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

Chad F. Phipps, Secretary	Corporation Service Company, Registered
Zimmer Biomet, Inc.	Agent
345 E Main Street	Zimmer Biomet, Inc.
Warsaw, IN 46580	135 N Pennsylvania Street, Suite 1610
	Indianapolis, IN 46204

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

5. At the time of an inspection conducted on August 14, 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 Federally Enforceable State Operating Permit No. 085-29981-00064 (“Permit 29981”) Conditions D.1.5(a) and D.1.8(a), and Federally Enforceable State Operating Permit No. 085-36080-00064 (“Permit 36080”) Conditions D.1.5(a) and D.1.8(a), Respondent is responsible for taking and maintaining records of daily visible emissions notations of the ZA1 and ZA2 stack exhausts. If a visible emissions notation is not taken, Respondent is responsible for recording the lack of notation and the reason for its absence.

Respondent failed to take daily visible emissions notations or indicate the reasoning for a lack of notations between January 16, 2015 and July 2, 2019, in violation of Permit 29981 and Permit 36080 Conditions D.1.5(a) and D.1.8(a).

b. Pursuant to Permit 29981 and Permit 36080 Conditions D.1.6(a) and D.1.8(b), Respondent is responsible for responsible for taking and recording daily pressure drop readings across the baghouses associated with stacks ZA1 and ZA2. If a pressure drop reading is not taken, Respondent is responsible for recording the lack of reading and the reason for its absence.

Respondent failed to take daily pressure drop readings or indicate the reasoning for a lack of readings between January 16, 2015 and July 2, 2019, in violation of Permit 29981 and Permit 36080 Conditions D.1.6(a) and D.1.8(b).

c. Pursuant to Permit 29981 and Permit 36080 Condition D.1.6(b), Respondent is responsible for calibrating or replacing the instrument used for the pressure drop readings required by Condition D.1.6(a) at least once every six (6) months, and for making records of those calibrations or replacements available to IDEM upon request.

Respondent failed to keep records of calibrations or replacements of the instrument used for determining pressure between January 16, 2015 and July 2, 2019 and failed to present records to IDEM upon request, in violation of Permit 29981 and Permit 36080 Condition D.1.6(b).

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:

Indiana Department of Environmental Management

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

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. 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			Zimmer Biomet, 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 October 25, 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.