Respondent
Name: Ryobi Die Casting USA, Inc.
Case
Number: 2019-26512-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 Ryobi Die Casting USA, Inc.
(“Respondent”), which owns and operates a stationary aluminum die-casting plant
with Plant ID No. 145-00031 located at 800 West Mausoleum Road in Shelbyville, Shelby
County, Indiana (“Site”).
3.
IDEM has jurisdiction over the parties and the
subject matter of this action.
Ryan
S. Willhelm, President |
CT
Corporation System, Registered Agent |
Ryobi
Die Casting USA, Inc. |
150
West Market Street, Suite 800 |
800
West Mausoleum Road |
Indianapolis,
IN 46204 |
Shelbyville,
IN 46176 |
|
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 September
10, 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 (FESOP) 145-37161-00031(“Permit 37161”), issued June 22, 2016,
Condition B.9, Respondent shall submit an Annual Compliance Certification report
which addresses the status of the source’s compliance with the terms and
conditions of the permit, by July 1 of each year to cover the time period from
January 1 to December 31 of the previous year.
Respondent submitted the Annual Compliance Certification for the year 2015 on
July 20, 2016, which is after the due date of July 1, 2016, in violation of Permit
37161 Condition B.9.
b.
Pursuant to FESOP 145-38964-00031 (“Permit
38964”), issued November 28, 2017, Condition C.17, Respondent shall submit its Quarterly
Deviation and Compliance Monitoring Report not later than thirty (30) days
after the end of the reporting period.
Respondent submitted its 4th Quarter 2017 Deviation and Compliance
Monitoring Report on February 5, 2018, which is after the due date of January
30, 2018, and its 3rd Quarter 2018 Deviation and Compliance
Monitoring Report on November 2, 2018, which is after the due date of October
30, 2018 in violation of Permit 38964 Condition C.17.
c.
Pursuant to Permit 37161 Condition D.1.6, and Permit
38964, and subsequent permits, Conditions D.1.7 and D.1.8, Respondent shall
calibrate or replace the gauges used for reading the pressure drops and flow
rates of the scrubbers used to control emissions from the shot blasting lines
at least once every six (6) months.
Respondent failed to calibrate or replace the pressure drop or flow rate gauges
of the scrubbers used to control emissions from the shot blasting lines from
July 2017 through September 2019, in violation of Permit 37616 Condition D.1.6 and
Permit 38964 and subsequent permits Conditions D.1.7 and D.1.8.
d.
Pursuant to FESOP Permit 145-41255-00031,
issued April 29, 2019 (“Permit 41225”), Condition D.5.2(a)(5),
Respondent shall provide permanent, conspicuous labels that list the operating
requirements for its degreasers.
Respondent failed to provide permanent, conspicuous labels listing the
operating requirements for its two degreasers during an inspection on September
10, 2019, in violation of Permit 41255 Condition D.5.2(a)(5).
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 |
|
Ryobi
Die Casting USA, 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 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.