STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) Case No. 2003-13165-A
)
BIVONA, INC. D.B.A. )
BIVONA MEDICAL TECHNOLOGIES, )
)
Respondent. )
The Complainant and the 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.
1. Complainant is the Commissioner ("Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.
2. Respondent is Bivona, Inc., d.b.a. Bivona Medical Technologies ("Respondent"), which owns and operates a medical and surgical equipment manufacturing facility, located at 5700 West 23rd Avenue in Gary, Indiana, Lake County ("Site").
3. The Indiana Department of Environmental Management ("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 via Certified Mail to:
Mr. Martin Jamieson, President CT Corporation System, Registered Agent
Bivona, Inc. For Bivona, Inc.
Military Road 36 South Pennsylvania Street, Suite 700
Kent CT21 5BN UK Indianapolis, IN 46204
5. A records review, was conducted for the Site by a representative of IDEM's Office of Air Quality (OAQ). The following violations were in existence or observed at the time of this records review:
Pursuant to 326 IAC 2-6-3, the owner or operator of any facility in Clark, Elkhart, Floyd, Lake, Marion, Porter, St. Joseph or Vanderburgh County with the potential to emit volatile organic compounds (VOCs) or oxides of nitrogen (NOx) at levels greater than ten (10) tons per year annually shall submit an emission statement to the Commissioner by April 15 of the following year.
This facility failed to submit your emission statement for the year of 2002 by April 15, 2003, a violation of 326 IAC 2-6-3.
6. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.
1. This Agreed Order shall be effective ("Effective Date") when it is approved by the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
2. Respondent shall comply with all the requirements of the state construction permit number CP-089-5743 and all its subsequent amendments and modifications.
3. Respondent shall submit the 2002 annual emissions statement to the OAQ within fifteen (15) days of the Effective Date of this Agreed Order. The 2002 emissions statement shall comply with the requirements set forth in 326 IAC 2-6-4.
4. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Mr. Michael Stonik, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
5. Respondent is assessed a civil penalty of Two Thousand Two Hundred Dollars ($2,200.00). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date of this Agreed Order.
6. In the event the terms and conditions of the following paragraphs are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amount:
Violation Penalty
Failure to comply with Order paragraph Fifty Dollars ($50) per each week
3 of this Agreed Order of non-compliance
7. Stipulated penalties shall be due and payable within thirty (30) days after Respondent receives written notice that the Complainant has determined a stipulated penalty is due. Assessment and payment of stipulated penalties shall not preclude the Complainant from seeking any additional relief against the Respondent for violation of the Agreed Order. In lieu of any of the stipulated penalties given above, the Complainant may seek any other remedies or sanctions available by virtue of Respondent's violation of this Agreed Order or Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.
8. Civil and stipulated penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Cause Number of this action and shall be mailed to:
Cashier
IDEM
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
9. In the event that the civil penalty required by Order paragraph 5 of this Agreed Order is not paid within thirty (30) days of the Effective Date of this Agreed Order, or the stipulated penalties required by Order paragraph 6 of this Agreed Order are not paid within thirty (30) days of the written notice, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.
10. This Agreed Order shall apply to and be binding upon the Respondent, its successors and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.
11. In the event that any terms of the 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 the Agreed Order did not contain the invalid terms.
12. The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.
13. This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management Bivona, Inc.
By: By:
David P. McIver
Chief, Air Section Printed:
Office of Enforcement
Title:
Date: Date:
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: By:
Office of Legal Counsel
Department of Environmental
Management
Date: Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS DAY OF , 200__.
For the Commissioner:
Signed on December 23, 2003
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs