STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) CAUSE NOS. A-4610 &
) 2000-3610-A
IMCO INDIANA PARTNERSHIP L.P., )
)
Respondent. )
2. Respondent is IMCO Indiana Partnership L.P., formerly known as IMCO
Recycling of Indiana, Inc. (hereinafter referred to as "Respondent"), which owns
and operates an aluminum dross processing facility at 1005 4th Street in Bedford,
Indiana.
3. The Indiana Department of Environmental Management ("IDEM") has
jurisdiction over the parties and subject matter of this action.
4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation dated April 27,
2000 via Certified Mail to:
Dennis W. Ray, President Lexis Documents Service, Inc.
IMCO Recycling, Inc. Registered Agent for
5215 N. O'Connor Blvd. IMCO Recycling of Indiana, Inc.
Suite 490 55 Monument Circle
Irving, TX 75039 Suite 1424
Indianapolis, IN 46204
5. Pursuant to 326 IAC 6-4-2(4), no source shall allow fugitive dust to visibly cross
the boundary or property line of a source. On July 8, 1999, this source allowed
fugitive emissions from handling the ALU-6 raw materials to cross property lines
at ground level, a violation of 326 IAC 6-4-2(4).
6. On December 14, 1999, Respondent allowed fugitive emissions emanating from
rotary furnace "A" to cross property lines at ground level, a violation of 326 IAC
6-4-2(4).
7. In recognition of the settlement reached, Respondent waives any right to
administrative and judicial review of this Agreed Order.
2. Respondent shall store and handle all dross materials or any other dusty raw
materials inside an enclosed building.
3. Respondent shall make manual inspections of the materials and process in the
appropriate furnaces in order to minimize fugitive emissions.
4. Respondent shall comply with 326 IAC 6-4. If fugitive dust violations occur,
Respondent shall act to minimize the emissions and return to compliance as soon
as possible.
5. All submittals required by this Agreed Order, unless notified otherwise in writing,
shall be sent to:
J. Brian Eaton, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
6. Respondent is assessed a civil penalty of Seven Thousand Dollars ($7,000). Said
penalty amount shall be due and payable to the Environmental Management
Special Fund within thirty (30) days of the Effective Date of this Agreed Order.
7. Civil 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
8. In the event that the civil penalty required by paragraph six (6) is not paid within
thirty (30) days of the Effective Date of this Agreed Order, 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.
9. This Agreed Order shall apply to and be binding upon the Respondent, its officers,
directors, principals, agents, successors, subsidiaries, 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.
10. 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.
11. 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.
12. This Agreed Order shall remain in effect until two (2) years from the Effective
date of this Order.
By: _________________________ By: _________________________
David P. McIver
Chief, Air Section
Office of Enforcement Printed: ______________________
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 ____________________, 20___.
For the Commissioner:
Signed on 26 July 2000
___________________________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
Converted by Andrew Scriven