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. 1999-8736-A
)
Babcock Paving, Inc., )
)
Respondent. )
AGREED ORDER
I. FINDINGS OF FACT
2. Respondent is Babcock Paving, Inc. (hereinafter referred to as "Respondent"),
which is a company doing business at 11077 West Dr., located in Demotte,
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 via Certified Mail
to:
Toni L. Burns, President and Registered Agent
Babcock Paving, Inc.
11077 West Dr.
Demotte, Indiana 46310
5. Pursuant to federally enforceable state operating permit (FESOP), operation
permit No. F091-5512-00065, operation condition D.1.1, the particulate matter
emissions from the aggregate mixing and drying operation shall not exceed 51.1
pounds per hour. On July 16, 1999, emissions test were conducted at Babcock
Paving, Inc. located at 6049 Work St., Demotte, Indiana. During the emissions
test average particulate matter emissions were 53.99 pounds per hour, a violation
of FESOP, operation permit No. F091-5512-00065, operation condition D.1.1.
On November 12, 1999, Respondent retested and averaged 2.49 pounds of
particulate matter per hour, demonstrating compliance with FESOP, operation
permit No. F091-5512-00065, operation condition D.1.1.
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 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. Within thirty (30) days from the effective date of the Agreed Order, Respondent
shall develop and submit to IDEM a Preventive Maintenance Plan which complies
with the conditions of FESOP operation permit No. F091-5512-00065, General
Condition B.13. If the IDEM Office of Air Management determines that any part
of the Preventive Maintenance Plan is deficient the Respondent will be notified
and will submit a revised Preventive Maintenance Plan to IDEM within thirty (30)
days of the notification date.
3. All submittals required by this Agreed Order, unless notified otherwise in writing,
shall be sent to:
Chad Pigg, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
4. Respondent is assessed a civil penalty of Six Thousand Dollars ($6,000). Three Thousand Dollars ($3,000) of 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. The second and final payment of Three Thousand
Dollars ($3,000) shall be due and payable to the Environmental Management
Special Fund within sixty (60) days of the Effective Date of this Agreed Order.
5. 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
6. In the event that the civil penalty required by paragraph four (4) 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.
7. 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.
8. 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.
9. 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.
10. This Agreed Order shall remain in effect until Respondent has complied with all
terms and conditions of this Agreed 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:
AO Adopted May 31, 2000
___________________________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
Converted by Andrew Scriven