Document 9k658kayBVN41E3dmNyZ29K3

Privileged and Confidential HILL and GRIFFITH Company As a result of a compliance agreement between the Hill and Griffith Company and the City of Indianapolis, we must pay the City of Indianapolis a sum of$4000 for violations that occurred at the Indianapolis plant. We must issue a check made payable to Indianapolis City Controller for the above sum as soon as possible. The check mast reach the Enforcement Program Manager at the City ofIndianapolis Environmental Resources Management Division within 15 days from the date of approval, which was November 15, 1999. Therefore, the City must have payment by November 30, 1999. In order to expedite the mailing process, you can mail the check directly to foe above manager via certified mail to foe address below: Enforcement Program Manager City ofIndianapolis Environmental Resources Management Division 2700 South Belmont Avenue Indianapolis, Indiana 46221 | Vs ' Please forward a copy offoe check and foe certified mail receipt to me. Thank you in advance for your cooperation and have a nice day. Cc: John Beasley - Thompson, Hine, and Flory Gary FoUmer Rhonda Hogan HG-000264 STATE OF INDIANA COUNTY OF MARION ) )SS: ) CITY OF INDIANAPOLIS, Plaintiff, vs. HILL AND GRIFFITH COMPANY Defendant. ADMINISTRATIVE ADJUDICATION DOCKET NO. 99-A-0Q39 ) ) ) ) ) ) ) ) ) COMPLIANCE AGREEMENT Plaintiffis the City of Indianapolis, ("City") a body corporate and'politic, acting through its Department of Public Works, Environmental Resources Management Division ("ERMD"). Defendant is Hill and Griffith Company ("Hill and Griffith"), a corporation authorized to conduct business in the State of Indiana. Hill and Griffith manufactures specialty foundry products in the City ofIndianapolis and Marion County. The Notice ofViolation in this cause was issued on September 17,1999, alleging that Hill and Griffith had violated Indianapolis Air Pollution Control Board Regulation 2 "Permits", Section 1- 1(H)(1)(a). More specifically, Hill and Griffith was alleged to have operated equipment without a - ii valid permit. The equipment alleged to have been operated without a valid permit has been removed . '0 from the Indianapolis manufacturing facility. _ ]_. 1 HG-000265 In the Notice of Violation, the City alleged the following: On July 17, 1998, the Hill and Griffith applied to the City of Indianapolis Environmental Resources Management Division (Division) for an interim Construction Permit and operating permit for the installation and operation of a CMIIsocure sand and resin mixer (CMI) and a DISA-Isocure sand and resin mixer (DISA). However, Hill and Griffith operated the CMI and the DSI prior to receiving either a final construction permit or an operating permit from the Divison. In the notice of violation, the City further alleged the CMI began operation on August 18, 1998, and operated the unit until April 24, 1999. The DISA began operation on September 19, 1998, and operated the unit until July 1, 1999. Additionally, on April 30, 1999, a Division inspector observed the DISA operating without the scrubber operating properly. Hill & Griffith operated the two units without a valid Construction Permit which constitute two (2) violations of Indianapolis Air Pollution Control Board Regulation 2 "Permits". Indianapolis Air Pollution Control Board "Regulation 2 "Permits", Section 11(H)(1)(a) states that "No person shall construct, modify or reconstruct an applicable source of facility without a valid Construction Permit. The parties agree that settlement of this Notice of Violation is in the public interest and consent to the entry of this Compliance Agreement, without further proceedings, as the most appropriate means of resolving the issues raised herein. The parties agree that, pursuant to Section 103-501 through 513 ofthe Revised Code of the Consolidated City and County, an Administrative Hearing Officer has authority and jurisdiction to approve, modify and enforce this Compliance Agreement and to assess stipulated penalties, resolve disputes which arise under and take any action necessary or appropriate for the construction or implementation of this Compliance Agreement. The parties agree to and shall be bound by the requirements of this Compliance Agreement. NOW, THEREFORE, before the taking ofany testimony, and without a hearing on any issue *' of fact or law and upon the consent of the parties, by their attorneys, in this matter, it is AGREED r' " j. by the parlies and APPROVED by the authorized ADMINISTRATIVE HEARING OFFICER:- o HG-000266 COMPLIANCE PROGRAM 1. Hill and Griffith agrees to comply with Chapter 511 of the Municipal Code of Indianapolis and Marion County, Indiana ("Chapter 511"), and with the Rules and Regulations of the Indianapolis Air Pollution Control Board ("the Regulations"), in all of its future operations. GENERAL PROVISIONS 2. Monetary Settlement This Compliance Agreement is in full settlement and satisfaction of all matters alleged in the Notice of Violation. A. The payment of a civil penalty of Four Thousand Dollars ($4,000.00) shall be submitted by Hill and Griffith in the form of a check made payable to the Indianapolis City Controller and delivered within fifteen (15) days from the date of the Administrative Hearing Officer's approval of this Compliance Agreement to the following: Enforcement Program Manager City ofIndianapolis Environmental Resources Management Division 2700 South Belmont Avenue Indianapolis, Indiana 46221 . 3. Retention of Jurisdiction. The Administrative Hearing Officer shall retain jurisdiction' over this matter to modify or enforce the terms of this Compliance Agreement to assess stipulated penalties, to resolve disputes arising under the terms of this Compliance Agreement, or to take any action necessary or appropriate for construction or implementation of this Compliance Agreement. 4. Effective Date. This Compliance Agreement shall be effective upon the date that it is approved by the Admipistratiye Hearing Officer. ~ 5. Satisfaction. This Compliance Agreement shall be deemed satisfied upon the completion and acceptance thereofby the City of each condition or obligation placed upon Hill and 3 HG-000267 Griffith herein and upon payment by Hill and Griffith of all civil penalties as provided for in Section 2 APPROVED THIS Authorized by Section 103-503 ofthe Revised Code ofthe Consolidated City and County FOR PLAINTIFF City of Indianapolis By: '/L M. Sue Michael Assistant Corporation Counsel 200 East Washington Street 1601 City-County Building Indianapolis, Indiana 46204 Dated: FOR DEFENDANT Hill and Griffith Company By: Qi ^ JomBeasIey Attorney for Defendant Dated: 1 (- ^ ~ ^ I 4 HG-000268