STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

ENBI INDIANA, INC,

Respondent.

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Case No. 2016-24183-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 Enbi Indiana, Inc (“Respondent”), which operates the facility with Plant ID No. 145-00026, located at 1703 McCall Drive, in Shelbyville, Shelby 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:

 

James Maulucci, President           CT Corporation System, Registered Agent

Enbi Global, Inc                           150 West Market St, Suite 800

1703 McCall Dr                            Indianapolis, IN 46204

Shelbyville, IN 46176

 

5.             Respondent’s business is a stationary source that manufactures rubber and polymer covered rollers for use in copiers and printers.

 

6.             During an investigation including an inspection on November 17, 2016, conducted by a representative of IDEM, the following violations were found:

 

a.             Pursuant to Title V Permit Number 145-33457-00026 (“Permit”), issued to Respondent on January 8, 2014, condition D.1.4,  requires that the Volatile Organic Compound (VOC) input, including coatings, dilution solvents, and cleaning solvents, to the adhesive roll coating booth, identified as AC-3, be tracked on a daily basis.

Respondent has failed to track the daily VOC input of the adhesive roll coating booth, identified as AC-3, from January 2016 to March 2016, in violation of Permit condition D.1.4.

b.             Pursuant to Permit condition D.2.7, requires that records of compliance monitoring of the daily filter inspections, weekly overspray observations and monthly rooftop overspray inspections be performed on the spray booth, identified as Electrostatic Spray Booth, once per day during normal daylight operations.

Respondent failed to perform compliance monitoring on the spray booth, identified as Electrostatic Spray Booth, from January 2016 to March 2016, in violation of Permit condition D.2.7.

 

c.              Pursuant to Permit condition D.3.4, requires that compliance monitoring in the form of visible emissions readings be performed on the rubber mixing baghouse exhaust stack, identified as Stack G, once per day during normal daylight operations.

Respondent failed to perform compliance monitoring on the rubber mixing baghouse exhaust stack, identified as Stack G, from October 8, 2015 to May 12, 2016, in violation of Permit condition D.3.4.

 

d.             Pursuant to Permit condition D.3.6, requires that records of the compliance monitoring of the visible emissions readings for the rubber mixing baghouse exhaust stack, identified as Stack G, be recorded and maintained.

Respondent failed to record or maintain the records of the compliance monitoring for the rubber mixing baghouse exhaust stack, identified as Stack G, from October 8, 2015 to May 12, 2016, in violation of Permit condition D.3.6.

 

e.             Pursuant to Permit, condition C.17, requires that reports required in Section D of this permit be submitted within thirty (30) days of the end of the reporting period.

Respondent submitted their Quarterly Report for the First Quarter of 201 on May 2, 2016, which is past the due date of April 30, 2016, in violation of Permit, condition C.17.

 

7.             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 approved by Complainant or Complainant’s delegate, and has been received by Respondent.  This Agreed Order shall have no force or effect until the Effective Date.

 

2.             Respondent shall comply with statutes, rules, and permit conditions listed in the findings here and above.

 

3.             Within ninety (90) days of the Effective Date, Respondent shall submit a permit application for the unpermitted abrasive blasting unite.  Future permit review determinations or failure to provide this information may result in further legal action.  The permit application information can be found online at http://ww.in.gov/idem/airquality/2495.htm and the complete air permit application should be submitted to:

 

Indiana Department of Environmental Management

Permit Administration and Support Section, Office of Air Quality

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

4.             All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

 

Lisa Hayhurst, Compliance and Enforcement Manager

Compliance and Enforcement Branch – Mail Code 61-53

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

5.             Respondent is assessed and agrees to pay a civil penalty of Sixteen Thousand Five Hundred Dollars ($16,500.00).  Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the 30th day being the “Due Date”.

 

6.             In the event the terms and conditions of the following paragraphs are violated, Complainant may assess and Respondent shall pay a stipulated penalty in the following amount:

 

Paragraph

Violation

Stipulated Penalty

3

Failure to submit permit             modification

$500 per week

 

 

 

7.             Stipulated penalties shall be due and payable no later than the 30th day after Respondent receives written notice that Complainant has determined a stipulated penalty is due; the 30th day being the “Due Date”.  Complainant may notify Respondent at any time that a stipulated penalty is due.  Failure to notify Respondent in writing in a timely manner of a stipulated penalty assessment shall not waive Complainant’s right to collect such stipulated penalty or preclude Complainant from seeking additional relief against Respondent for violation of this Agreed Order.  Neither assessment nor payment of stipulated penalties shall preclude Complainant from seeking additional relief against Respondent for a violation of this Agreed Order; such additional relief includes any remedies or sanctions available pursuant to 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 Case Number of this action and shall be mailed to:

 

IDEM Office of Legal Counsel

IGCN, Rm  N1307

100 N Senate Ave

Indianapolis, IN  46204

 

9.             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.

 

10.          In the event that the monies due to IDEM pursuant to this Agreed Order are not paid on or before their Due Date, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1.  The interest shall be computed as having accrued from the Due Date until the date that Respondent pays any unpaid balance.  Such interest shall be payable to the Environmental Management Special Fund, and shall be payable to IDEM in the manner specified in Paragraph 8, above.

 

11.          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.

 

12.          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 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 permits or any applicable Federal or State law or regulation.

 

14.          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.  Additionally, IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of Respondent’s efforts to comply with this Agreed Order.

 

15.          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.

 

16.          Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the 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.

 

17.          This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Enbi Indiana, Inc

 

 

 

By:

 

 

By:

 

 

David P. McIver, Chief

Compliance and Enforcement

 

Printed:

 

 

Enforcement Section

 

Title:

 

 

Office of Air Quality

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

 

 

COUNSEL FOR RESPONDENT:

 

 

 

 

 

 

 

 

 

By:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2018.

 

 

For the Commissioner

 

 

 

Signed on May 1, 2018

 

Keith Baugues, Assistant Commissioner

 

Office of Air Quality

 

Indiana Department of Environmental Management