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. 2000-8937-A
)
INTERNATIONAL PAPER CO., )
)
Respondent. )
2. Respondent is International Paper Co. (hereinafter referred to as "Respondent"),
which operates an integrated, semi-chemical, pulp and paper mill at 2401
Prairieton Road, located in Terre Haute, 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:
John T. Dillon, Chairman of the Board
International Paper
2 Manhattanville Road
Purchase, NY 10577
5. Rule 326 IAC 3-5 requires the continuous monitoring of emissions for sources
and facilities including fossil fuel-fired steam generators of greater than one
hundred million BTU per hour heat input capacity. As required by 326 IAC 3-5,
the Respondent submitted reports to IDEM for 4th quarter 1998 and 1st quarter
1999 that demonstrated excessive COM downtime, violations of 326 IAC 3-5.
6. On or around February 22, 1999, the COM was brought back into operation.
7. The monitor was field tested between February 25, 1999 and March 3, 1999 and
was certified by IDEM on September 2, 1999.
8. In recognition of the settlement reached, Respondent waives any right to
administrative and judicial review of this Agreed Order.
2. All submittals required by this Agreed Order, unless notified otherwise in writing,
shall be sent to:
Lynne Sullivan, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
3. Respondent is assessed a civil penalty of Eighteen Thousand Dollars ($18,000).
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.
4. 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
5. In the event that the civil penalty required by paragraph 3 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.
6. 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.
7. 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.
8. 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.
9. 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:
Signed 6/30/00
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
Converted by Andrew Scriven