2) Facility Name (if different than #1) 

3) Facility Permit Contact Person/Title 

4) Telephone Number and Email Address 

5) Facility Modeling Contact Person 

6) Telephone Number" and Email Address 

7) Name and Address Permit should be sent to 

8) City/State/Zip 9) Equipment Location Address (if different than #7) 

10) City/State/Zip 10a) Facility County 

11) Is the Equipment Portable? 13) SIC Code and NAICS Code 14) Provide Brief Business Description and 

Principal Product 

15) Identify any adjacent or contiguous facility that 

this company owns and/or operates 

17) Address 18) City/State/Zip Code 

19) Phone Number and Email Address 

20) Iowa P .E. Number (lAC 567 22.1 (3)"b") 

21) SIGNATURE 

Ray Ostrowski/Environmental Manager [!] Mr. D Mrs. 0 Ms. D Dr. 

30 )719-6506/rostrowski@griffinpipe .com 

ot Applicable- no modification 0 Mr. D Mrs. 0 Ms. D Dr. 

ot Applicable- no modification 

Ostrowski c/o Griffin Pipe Products Co. 1011 Warrenville Road, Suite 550 

, IL 60532 

D Yes 12) Do you want Draft Permits? [!] Yes 

SIC: 3321 NAICS: 331511 

Manufacturer of Ductile Iron Pipe 

N/A 

25. [!] EU (Number of forms:1 ), [!] CE (/# ). [!] EP (#l ). [!] EC(#:1 ), 0 El , 0 Plot Plan, 0 Ml2, 0 FRA, 

Other Forms and Attachments (e.g. dispersion modeling analysis) Process flow diagram, Consent Decree 

AIR QUALITY 

Revised 08/201 0 dp For Assistance 1-877AIR IOWA (1-877-247-4692) DNR Form 542-0931 
3) EU Type: 0 New Source D Unpermitted Existing Source I:8J Modification to a Permitted Source Submittal required by Civil Action (see 12) 

4) Manufacturer: 

5) Model: 

6a) Maximum Nameplate Capacity: 60 Tons/hr 

6b) Maximum Process Design Capacity (if different than 6a) Not Applicable 

7) Date of Construction: 1964 

8) Date of Modification (If applicable) December 2010 (per Iowa DNR) 

9) Is this a Controlled Emission Unit? 

12) Are you requesting any permit limits? 0 No l:8l Yes If Yes, check below and write down all that apply 

D Operation Hour Limits: 

181 Production Limits: 235,150 tons of metal cha twelve month 

D Material Usage Limits 

D Limits Based on Stack Testing Please attach all relevant stack testing summary reports 

181 other: See Civil Action No.1 :14-cv-00027-JAJ-RAW and issued permit 10-A-270-P 

Provide a description AND a drawing to show quantitatively product or m through th s emission unit. 

Include product input and output, fuel throughput, and any parameters which impact air emissions. If space below is 

insufficient, attach a separate sheet labeled EU-1 3A. 

See attaclunents 

Revised 08/2010 dp For Assistance 1-877AIR IOWA (1-877-247-4692) DNR Form 542-0590 
) 

(

) 

3) Manufacturer: Eclipse {burners) 14) Model Number: Not Known (NK); 

5) Operating Temperature (°F): Minimum 1,300 2 main@ 5 MMBtu/hr each; 2 pilot@ 3 MMBtu/hr each}} 

6} Residence Time (seconds): NK 

7) Date of Construction: 1971 

8} Date of Modification: November 2008 (burner replacement only) 

9) Capture Hood involved: DYes [!]No Cupola takeoff is integral to cupola shell 

10) Capture Hood Efficiency (percentage): 99.9% 

11) Date of Hood Installation: Not Applicable (NA) 112} Date of Hood Modification (if any): NA 

13) Pollutant Controlled 

PM PM1o voc co Other( ) 

Control Efficiency NA NA NK NK 

14) If manufacturer's data is not available attach a separate sheet of paper (labeled CE4-14A) to provide the control 

equipment design specifications and performance data to support the above mentioned control efficiency. 

Revised 08/2010 ji For Assistance 1-877AIR IOWA (1-877-247-4692) DNR Form 542-0942 
2) Emission Point(s) ID: EP-2A 

3) Manufacturer: GMD 14) Model Number: 850-10-6-WI 

5) Control Equipment Type: [gJ Bag house D Cartridge Filters D Bin vent Filters D Other 

6) Material filter media made of: Aramid Fabric 

7) Total Filter Face area of control device {ft2): 66,765 

8) Pressure drop across Filter (in H20 ): 3.5 to 10.0 inches of water (hourly average) 

9) Bag cleaning method : [gJ Pulse Jet D Shaking D Reverse Air D Other 

1 0) Date of Construction: 12/2009 

11) Date of Modification: Replaced existing wet scrubber 

12) Capture Hood involved: DYes [giNo 

13) Capture Hood Efficiency (percentage): 99.9% 

14) Date of Hood Installation: 115) Date of Hood Modification (if any): 

16) Pollutant Controlled 

PM PM1o Other(Pb) 

Control Efficiency 99+% 99+% 99+% 

17) If manufacturer's data is not available attach a separate sheet of paper (labeled CE1 -17 A) to provide the control 

equipment design specifications and performance data to support the above mentioned control efficiency. 

Updated 08/2010 dp For Assistance 1-877-AIR-IOWA (1 -877-247-4692) DNR Form 542-0939 
3) Height from ground (feet): 100 

4) Height from highest building level (feet): 100 

5) Distance from the nearest property line (feet): 100 

IZ] Vertical (without rain cap or obstruction) 

0 VR (Vertical with rain cap or obstruction) 

6) Discharge Style (check one) 0 D (Downward discharge; for example, a goose neck stack) 

0 H (Horizontal discharge) 

0 I (Inside-Vent inside building) 

8) Exit Temperature (Fahrenheit): 295 oF 

9) Rated Flow Rate: IZI ACFM: 109.728 IZI SCFM: 77.000 

10) Does this emission point have control equipment? 0 No 1Z1 Yes; If yes, provide controiiD: CE-10. CE-1 

Air Emissions Pathway Diagram 

11) Air Emissions Pathway Diagram (see examples on reverse-side) 

Revised 08/2010 dp For Assistance 1-877AIR IOWA (1-877-247-4692) DNR Form 542-0944 
AIR QUALITY BUREAU 

Application Log in Desk 

7900 Hickman Rd., Suite 1 

Windsor Heights, lA 50324 

AIR CONSTRUCTION PERMIT APPLICATION 

Form EC: Emission Calculations 

Please see instructions on reverse side 

rnmn<>n" Name: Griffin Products Co. 

2} Emission Point (StackNent) Number: 3} Emission Calculation (Please see instructions for proper way to calculate). This calculation is based on (check all that apply): 

EP-2A 0 Emission Factors 0 Mass Balance 0 Testing Data [8J Other: 

Calculations: 

This application is being submitted as required by Paragraph 11 of the United States v. Griffin Pipe Products Co., LLC, Civil Action No. 1 :14-cv-00027-JAJ-RAW 

Consent Decree to incorporate a lead emission limit of 0.046 pounds per hour in Iowa DNR Permit Number 1 0-A-270-P. 

EC 

Pollutant PM PM,o PM2.5 so2 NOx voc co C02e Lead HAP THAP 

Concentration, 

lbs/hr 

tons/year 

Revised 09/2011 dp For Ass.istance 1-877AIR IOWA (1-877-247-4692) DNR Form 542-0945 
G:\38792·000 GPP (COUNCIL BLUFFS, IA)\CADICUPOLA PFD.DWG 

~ 

S02 

TREATMENT 

CHEMICAL 

ADDITIONS 

I 

NATURAL 

GAS OR 

PROPANE---------.~ 

OUTSIDE-----.] 

AIR 

BAG HOUSE 

CE-10 

COMBUSTION 

CHAMBER 

CE-1 

ALLOYS-----.,----'-------, 

DUST 

TREATMENT 

CHEMICAL 

ADDITIONS 

I 

COKE 

LIMESTONE----------~ 

CUPOLA 

EU-1 1------- HOT IRON 

SCRAP--------~--------_j 

HALEY& 

ALDRICH 

GRIFFIN PIPE PRODUCTS CO. 

PROCESS FLOW DIAGRAM 

CUPOLA (EU-1) 

SCALE: NONE 

FIGURE 1 
UNITED STATES OF AMERICA 

Plaintiff, 

v. 

GRIFFIN PIPE PRODUCTS 

CO.,LLC. 

Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

________________________ ) 

CIVIL ACTION NO. 

CONSENT DECREE 
VI. ENVIRONMENTAL MITIGATION .................................................................................. 5 

VII. REPORTING REQUIREMENTS ....................................................................................... 5 

VIII. STIPULATED PENALTIES ............................................................................................... ? 

IX. FORCE MAJEURE ............................................................................................................. 8 

X. DISPUTE RESOLUTION ................................................................................................. 1 0 

XI. INFORMATION COLLECTION AND RETENTION .................................................... 11 

XII. EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS .......................................... 13 

XIII. COSTS ............................................................................................................................... 14 

XIV. NOTICES ........................................................................................................................... 14 

XV. EFFECTIVE DATE ........................................................................................................... 15 

XVI. RETENTION OF JURISDICTION ................................................................................... 15 

XVII. MODIFICATION .............................................................................................................. 15 

XVIII. TERMINATION ................................................................................................................ 16 

XIX. PUBLICPARTICIPATION .............................................................................................. l6 

XX. SIGNATORIES/SERVICE ........................................................ , ....................................... l6 

XXI. INTEGRATION ................................................................................................................ 17 

XXII. FINAL JUDGMENT ......................................................................................................... 17 

II 
301, 307,and402ofthe Clean WaterAct("CWA"), 33 U.S.C. §§ 1311, 1317 and 1342. 

WHEREAS, the Complaint against Defendant alleges that at all times relevant thereto 

Defendant owned and operated a ductile iron pipe manufacturing facility located at 2601 Ninth 

Avenue in Council Bluffs, Iowa ("Facility"). 

WHEREAS, the Complaint alleges that at all times relevant thereto Defendant violated 

the lead and particulate matter emission limits of its State air quality constmction permit and 

Title V of the CAA operating permit for the Facility. The Complaint also alleges that Defendant 

violated National and State Pollutant Discharge Elimination System requirements under Sections 

301 and 402 of the CWA, 33 U.S. C.§§ 1311 and 1342, and applicable federal or state 

regulations for pennissible discharges of pollutants from the Facility. The Complaint also 

alleges that Defendant violated National and State Pollutant Discharge Elimination System 

requirements under Sections 301 and 402 of the CWA, 33 U.S.C. §§ 1311 and 1342, and 40 

C.F.R. Part 122, and applicable state and local regulations for pennissible stonn water 

discharges from the Facility. The Complaint also alleges that Defendant violated pretreatment 

requirements under Sections 307 and 308 of the CWA, 33 U.S.C. §§ 1317 and 1318, and 40 

C.F.R. Parts 403 and 464, and applicable state and local regulations, by failing to submit a 

baseline monitoring report and obtain a permit to discharge prior to any discharge from the 

Facility to the City of Council Bluffs publically owned treatment works. 

WHEREAS, as of the date oflodging of this Consent Decree, Defendant has suspended 

pipe product manufacturing operations at the Facility. 

WHEREAS, prior to suspending pipe manufacturing operations at the Facility, Defendant 

installed pollution control technology at the facility, including: the installation and operation of 

a $14 million baghouse, which provided environmental benefits with respect to both air 

emissions and wastewater discharges. 

WHEREAS, the Complaint against Defendant alleges that the EPA has provided notice 

of the CAA violations alleged herein to the Defendant and to the State oflowa pursuant to 

Section 113(b) of the CAA, 42 U.S.C. § 7413(b), and Defendant stipulates that it has received 

actual notice of the violations alleged in the Complaint and that it does not contest the adequacy 

of the notice provided. 

WHEREAS, notice of the commencement of this action has been given to the State of 

Iowa as required by Section 113(b) of the CAA, 42 U.S.C. § 7413(b), and Section 309(b) of the 

CWA, 33 U.S.C. § 1319(b). 
NOW, THEREFORE, before the taking of any testimony, without the adjudication or admission 

of any issue of fact or law except as provided in Section I, and with the consent of the Parties, IT 

IS HEREBY ADJUDGED, ORDERED, AND DECREED as follows: 

II. JURISDICTION AND VENUE 

I. This Court has jurisdiction over the subject matter of this action, pursuant to 

28 U.S.C. §§ 1331,1345, and 1355, Section(s) 113(b) ofthe Clean Air Act, 42 U.S.C. § 7413(b), 

and 309(b) and (f) of the Clean Water Act, 33 U.S.C. §§ 1319(b) and (f), and over the Pmiies. 

Venue lies in this District pursuant to Section 113(b) of the CAA, 42 U.S.C. § 7413(b), CWA 

Section 309(b), 33 U.S.C. § 1319(b), and 28 U.S. C.§§ 1391 (b) and (c) and 1395(a), because the 

violations alleged in the Complaint are alleged to have occurred in, and Defendant conducts 

business in, this judicial district. For purposes of this Decree, or any action to enforce this 

Decree, Defendant consents to the Court's jurisdiction over this Decree and any such action and 

over Defendant and consents to venue in this judicial district. 

2. For purposes of this Consent Decree, Defendant agrees that the Complaint states 

claims upon which relief may be granted pursuant to the following environmental statutes and 

their implementing federal regulations: the CAA, 42 U.S.C. § 7401, et seq. and CWA, 33 U.S.C. 

§125l,etseq. 

III. APPLICABILITY 

3. The obligations of this Consent Decree apply to and are binding upon the United 

States, and upon Defendant and any successors, assigns, or other entities or persons othe1wise 

bound by law. 

4. No transfer of ownership or operation of the Facility, whether in compliance with 

the procedures of this Paragraph or otherwise, shall relieve Defendant of its obligation to ensure 

that the terms of the Decree are implemented, unless (I) the transferee agrees to undertake the 

obligations required by Sections VI of this Decree and to be substituted for the Defendant as a 

Party under the Decree and thus be bound by the terms thereof, and (2) the United States 

consents to relieve Defendant of its obligations. The United States may refuse to approve the 

substitution of the transferee for Defendant if it determines that the proposed transferee does not 

possess the requisite technical abilities or financial means to ensure that the tenns of the Decree 

are implemented. The United States' decision to refuse to approve the substitution of the 

transferee for the Defendant shall not be subject to judicial review. At least thirty (30) Days 

prior to such transfer, Defendant shall provide a copy of this Consent Decree to the proposed 

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particular, shall terminate upon payment of the civil penalty required pursuant to Paragraph 8, 

payment of any accrued stipulated penalties as required by this Consent Decree, and the issuance 

of an Amended Petmit required pursuant to Paragraph II, or until this Consent Decree, is 

tenninated pursuant to Section XVIII (Termination). 

5. Defendant shall provide a copy of this Consent Decree to all officers, employees, 

and agents whose duties might reasonably include compliance with any provision of this Decree, 

as well as to any contractor retained to perfonn work required under this Consent Decree. 

Defendant shall condition any such contract upon performance of the work in confmmity with 

the terms of this Consent Decree. 

6. In any action to enforce this Consent Decree, Defendant shall not raise as a 

defense the failure by any of its officers, directors, employees, agents, or contractors to take any 

actions necessary to comply with the provisions of this Consent Decree. 

IV. DEFINITIONS 

7. Terms used in this Consent Decree that are defined in the CAA or CWA or in 

regulations promulgated pursuant to the CAA or CW A shall have the meanings assigned to them 

in the CAA or CW A, or such regulations, unless otherwise provided in this Decree. Whenever 

the terms set forth below are used in this Consent Decree, the following definitions shall apply: 

"Complaint" shall mean the complaint filed by the United States in this action; 

"Consent Decree" or "Decree" shall mean this Decree; 

"Day" shall mean a calendar day unless expressly stated to be a business day. In 

computing any period of time under this Consent Decree, where the last day would fall 

on a Saturday, Sunday, or federal holiday, the period shall run until the close of business 

of the next business day; 

"Defendant( s )" shall mean the persons or entities named in the Complaint; 

"EPA" shall mean the United States Environmental Protection Agency and any of its 

successor departments or agencies; 

"Effective Date" shall have the definition provided in Section XV. 

3 
"Resumption of Operations" or "Resume(s) Operations" shall mean the resumption of 

pipe products manufacture and production operations, including resumption of the cupola 

operations, at the Facility; 

"Resumption of Operations Date" or "Resumption Date" shall mean the date on which 

Resumption of Operations occurs; 

"Section" shall mean a portion of this Decree identified by a roman numeral; 

"State" shall mean the State oflowa. 

"United States" shall mean the United States of America, acting on behalf of EPA; 

V. CIVILPENALTY 

8. Within 30 Days after the Effective Date, Defendant shall pay the sum of 

$950,000.00 as a civil penalty, together with interest accruing from the date on which the 

Consent Decree is entered by the Court, at the rate specified in 28 U.S.C. § 1961 as of the 

Effective Date. 

9. Defendant shall pay the civil penalty due at https://www.pay.gov to the U.S. 

Department of Justice account, in accordance with instructions provided to Defendant by the 

Financial Litigation Unit ("FLU") of the United States Attorney's Oftice for the District oflowa 

after the Effective Date. The payment instructions provided by the FLU shall include a 

Consolidated Debt Collection System ("CDCS") number, which Defendant shall use to identify 

all payments required to be made in accordance with this Consent Decree. 

At the time of payment, Defendant shall send notice that payment has been made: (i) to EPA via 

email at acctsreceivable.cinwd@epa.gov or via regular mail at EPA Cincinnati Finance Office, 

26 Mmtin Luther King Drive, Cincinnati, Ohio 45268; (ii) to the United States via email or 

regular mail in accordance with Section XIV; and (iii) to EPA Region 7 in accordance with 

Section XIV. Such notice shall reference the CDCS Number and DOJ case number 90-5-2-1-

10126. 

I 0. Defendant shall not deduct any penalties paid under this Decree pursuant to this 

Section or Section VIII (Stipulated Penalties) in calculating its federal income tax. 

4 
12. In the event that Defendant Resumes Operations prior to IDNR's issuance of an 

effective Air Quality Constmction Permit or Pe1mit Amendment requiring the Facility to meet a 

lead emission limit for the cupola baghouse that is at least as stringent as the lead emission limit 

required by Paragraph 11 of this Decree ("Amended Permit"), Defendant shall: 

a. Immediately upon the Resumption of Operations, continuously operate the 

cupola baghouse to achieve and maintain an emission rate of no greater than 0.046 

lb/hr lead. 

b. Within sixty (60) Days of Resumption of Operations, conduct 

perfmmance testing to determine compliance with the cupola baghouse lead 

emission rate. Perfmmance testing shall be conducted in accordance with the 

requirements of the effective Air Quality Constmction Permit, No. 71-A-009-SS or 

I 0-A-270-P, Section 12, as applicable. 

c. Upon issuance of the Amended Permit, comply with the cupola baghouse 

lead emission limit required by the Amended Pe1mit. 

13. If Defendant intends to Resume Operations prior to IDNR's issuance of an 

Amended Pennit, no later than sixty ( 60) Days prior to the Resumption of Operations at the 

Facility, Defendant shall submit to EPA and the United States, in accordance with Section XIV 

(Notices), w1itten notice of the Resumption of Operations and the anticipated Resumption of 

Operations Date, and provide a detailed description of the anticipated operations. No later than 

fifteen (15) Days after Resumption of Operations, Defendant shall submit to EPA and the United 

States, in accordance with Section XIV (Notices), written confi1mation of the Resumption of 

Operations Date. 

VII. REPORTING REQUIREMENTS 

14. Defendant shall submit the following reports: 

a. If there is a Resumption of Operations after entry of this Consent Decree, 

within thirty (30) Days after the end of each calendar year, until termination of this 

Decree pursuant to Section XVIII, Defendant shall submit via regular mail and 

electronic transmission a report for the preceding calendar year that shall include 

the status of any environmental mitigation measures required by Section VI 

(Environmental Mitigation) of the Decree; problems encountered or anticipated, 

together with implemented or proposed solutions; and the status of the requested 

modification of Air Quality Construction Permit Nos. 71-A-009-SS or 1 0-A-270-P, 

5 
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of such violation and its likely duration, in writing, within ten business days of the 

Day Defendant first becomes aware of the violation, with an explanation of the 

violation's likely cause and of the remedial steps taken, or to be taken, to prevent 

or minimize such violation. If the cause of a violation cannot be fully explained at 

the time the report is due, Defendant shall so state in the report. Defendant shall 

investigate the cause of the violation and shall then submit an amendment to the 

repmt, including a full explanation of the cause of the violation, within 30 Days of 

the Day Defendant becomes aware of the cause of the violation. Nothing in this 

Paragraph or the following Paragraph relieves Defendant of its obligation to 

provide the notice required by Section IX (Force Majeure). 

15. Whenever any violation of this Consent Decree or any other event affecting 

Defendant's performance under this Decree, or the performance of its Facility, may pose an 

immediate tlu·eat to the public health or welfare or the environment, Defendant shall notify EPA 

orally or by electronic or facsimile transmission as soon as possible, but no later than 24 hours 

after Defendant first knew of the violation or event. This procedure is in addition to the 

requirements set fmih in the preceding Paragraph. 

16. All repmis shall be submitted to the persons designated in Section XIV (Notices). 

17. Each report submitted by Defendant under this Section shall be signed by an 

official of the submitting party and include the following certification: 

I cetiify under penalty oflaw that this document and all attachments were prepared under 

my direction or supervision in accordance with a system designed to assure that qualified 

personnel properly gather and evaluate the infonnation submitted. Based on my inquiry 

of the person or persons who manage the system, or those persons directly responsible for 

gathering the information, the information submitted is, to the best of my knowledge and 

belief, true, accurate, and complete. I am aware that there are significant penalties for 

submitting false information, including the possibility of fine and imprisonment for 

knowing violations. 

18. This certification requirement does not apply to emergency or similar 

notifications where compliance would be impractical. 

19. The reporting requirements of this Consent Decree do not relieve Defendant of 

any reporting obligations required by the CAA and CW A or implementing regulations, or by any 

other federal, state, or local law, regulation, penni!, or other requirement. 

6 
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violations of this Consent Decree as specified below, unless excused under Section IX (Force 

Majeure). A violation includes failing to perform any obligation required by the terms of this 

Decree, including any work plan or schedule approved under this Decree, according to all 

applicable requirements of this Decree and within the specified time schedules established by or 

approved under this Decree. 

22. Late Payment of Civil Penalty. If Defendant fails to pay the civil penalty required 

to be paid under Section V (Civil Penalty) when due, Defendant shall pay a stipulated penalty of 

$5,000 per Day for each Day that the payment is late. 

23. Environmental Mitigation Requirements. 

a. The following stipulated penalties shall accrue per violation per Day for 

each violation of the requirements identified in Section VI: 

Penalty Per Violation Per day Period of Noncompliance 

$1,000 ................................................ I st through 14th day 

$2,500 ................................................ 15th through 30th day 

$5,000 ................................................. 31st day and beyond 

24. Reporting Requirements. The following stipulated penalties shall accrue per 

violation per Day for each violation of the repotiing requirements of Section VII: 

Penalty Per Violation Per day Period of Noncompliance 

$500 ................................................... I st through 14th day 

$750 .................................................. 15th through 30th day 

$1 ,500 ................................................. 31st day and beyond 

25. Stipulated penalties under this Section shall begin to accrue on the Day after 

perfonnance is due or on the Day a violation occurs, whichever is applicable, and shall continue 

to accrue until performance is satisfactorily completed or until the violation ceases. Stipulated 

penalties shall accrue simultaneously for separate violations of this Consent Decree. 

26. Subject to dispute resolution as described below, Defendant shall pay any 

stipulated penalty within 30 Days of receiving the United States' written demand. 

27. The United States may in the unreviewable exercise of its discretion, reduce or 

waive stipulated penalties othetwise due it under this Consent Decree. 

7 
b. If the dispute is appealed to the Comi and the United States prevails in 

whole or in part, Defendant shall pay all accmed penalties detennined by the Court 

to be owing, together with interest, within 60 Days of receiving the Court's 

decision or order, except as provided in subparagraph c, below. 

c. If any Party appeals the District Court's decision, Defendant shall pay all 

accrued penalties determined to be owing, together with interest, within 15 Days of 

receiving the final appellate comi decision. 

29. Obligations Prior to the Effective Date. Upon the Effective Date, the stipulated 

penalty provisions of this Decree shall be retroactively enforceable with regard to any and all 

violations of Paragraphs 12 and 13 that have occurred prior to the Effective Date, provided that 

stipulated penalties that may have accmed prior to the Effective Date may not be collected 

unless and until this Consent Decree is entered by the Comi. 

30. Defendant shall pay stipulated penalties owing to the United States in the manner 

set forth and with the confirmation notices required by Paragraph 9, except that the transmittal 

letter shall state that the payment is for stipulated penalties and shall state for which violation(s) 

the penalties are being paid. 

31. If Defendant fails to pay stipulated penalties according to the terms of this 

Consent Decree, Defendant shall be liable for interest on such penalties, as provided for in 

28 U.S.C. § 1961, accruing as of the date payment became due. Nothing in this Paragraph shall 

be construed to limit the United States from seeking any remedy otherwise provided by law for 

Defendant's failure to pay any stipulated penalties. 

32. Subject to the provisions of Section XII (Effect of Settlement/Reservation of 

Rights), the stipulated penalties provided for in this Consent Decree shall be in addition to any 

other rights, remedies, or sanctions available to the United States for Defendant's violation of 

this Consent Decree or applicable law. Where a violation of this Consent Decree is also a 

violation of relevant statutmy or regulatory requirements or petmits, Defendant shall be allowed 

a credit, for any stipulated penalties paid, against any statutmy penalties imposed by the United 

States for such violation. 

IX. FORCE MAJEURE 

33. "Force majeure," for purposes of this Consent Decree, is defined as any event 

arising fi·om causes beyond the control of Defendant, of any entity controlled by Defendant, or of 

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34. If any event occurs or has occurred that may delay the performance of any 

obligation under this Consent Decree, whether or not caused by a force majeure event, 

Defendant shall provide notice orally or by electronic or facsimile transmission to Joe Terriquez 

at EPA in accordance with Section XIV (Notices), within 72 hours of when Defendant first knew 

that the event might cause a delay. Within seven (7) Days thereafter, Defendant shall provide in 

writing to EPA an explanation and description of the reasons for the delay; the anticipated 

duration of the delay; all actions taken or to be taken to prevent or minimize the delay; a 

schedule for implementation of any measures to be taken to prevent or mitigate the delay or the 

effect of the delay; Defendant's rationale for attributing such delay to a force majeure event if it 

intends to assert such a claim; and a statement as to whether, in the opinion of Defendant, such 

event may cause or contribute to an endangerment to public health, welfare or the environment. 

Defendant shall include with any notice all available documentation suppmiing the claim that the 

delay was attributable to a force majeure. Failure to comply with the above requirements shall 

preclude Defendant fi·om asserting any claim of force majeure for that event for the period of 

time of such failure to comply, and for any additional delay caused by such failure. Defendant 

shall be deemed to know of any circumstance of which Defendant, any entity controlled by 

Defendant, or Defendant's contractors knew or should have known. 

35. If EPA agrees that the delay or anticipated delay is attributable to a force majeure 

event, the time for perfonnance of the obligations under this Consent Decree that are affected by 

the force majeure event will be extended by EPA for such time as is necessary to complete those 

obligations. An extension of the time for performance of the obligations affected by the force 

majeure event shall not, of itself, extend the time for performance of any other obligation. EPA 

will notify Defendant in writing of the length of the extension, if any, for perfonnance of the 

obligations affected by the force majeure event. 

36. If EPA does not agree that the delay or anticipated delay has been or will be 

caused by a force majeure event, EPA will notifY Defendant in writing of its decision. 

37. If Defendant elects to invoke the dispute resolution procedures set forth in 

Section X (Dispute Resolution), it shall do so no later than 15 Days after receipt of EPA's notice. 

In any such proceeding, Defendant shall have the burden of demonstrating by a preponderance 

of the evidence that the delay or anticipated delay has been or will be caused by a force majeure 

event, that the duration of the delay or the extension sought was or will be warranted under the 

circumstances, that best efforts were exercised to avoid and mitigate the effects of the delay, and 

that Defendant complied with the requirements of Paragraphs 33 and 34. If Defendant carries 

9 
arising under or with respect to this Consent Decree. Defendant's failure to seek resolution of a 

dispute under this Section shall preclude Defendant fi"mn raising any such issue as a defense to 

an action by the United States to enforce any obligation of Defendant arising under this Decree. 

39. Informal Dispute Resolution. Any dispute subject to Dispute Resolution under 

this Consent Decree shall first be the subject of infonnal negotiations. The dispute shall be 

considered to have arisen when Defendant sends the United States a written Notice of Dispute. 

Such Notice of Dispute shall state clearly the matter in dispute. The period of infmmal 

negotiations shall not exceed twenty (20) Days from the date the dispute arises, unless that 

period is modified by written agreement. If the Parties cannot resolve a dispute by informal 

negotiations, then the position advanced by the United States shall be considered binding unless, 

within twenty (20) Days after the conclusion of the informal negotiation period, Defendant 

invokes formal dispute resolution procedures as set forth below. 

40. Fonnal Dispute Resolution. Defendant shall invoke formal dispute resolution 

procedures, within the time period provided in the preceding Paragraph, by serving on the United 

States a written Statement of Position regarding the matter in dispute. The Statement of Position 

shall include, but need not be limited to, any factual data, analysis, or opinion supporting 

Defendant's position and any supporting documentation relied upon by Defendant. 

41. The United States shall serve its Statement of Position within sixty (60) Days of 

receipt of Defendant's Statement of Position. The United States' Statement of Position shall 

include, but need not be limited to, any factual data, analysis, or opinion supporting that position 

and any supporting documentation relied upon by the United States. The United States' 

Statement of Position shall be binding on Defendant, unless Defendant files a motion for judicial 

review of the dispute in accordance with the following Paragraph. 

42. Defendant may seek judicial review of the dispute by filing with the Court and 

serving on the United States, in accordance with Section XIV (Notices), a motion requesting 

judicial resolution of the dispute. The motion must be filed within ten (I 0) business days of 

receipt of the United States' Statement of Position pursuant to the preceding Paragraph. The 

motion shall contain a written statement of Defendant's position on the matter in dispute, 

including any suppmiing factual data, analysis, opinion, or documentation, and shall set forth the 

relief requested and any schedule within which the dispute must be resolved for orderly 

implementation of the Consent Decree. 

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othe1wise provided in this Consent Decree, in any dispute brought under Paragraph 

40 pertaining to the adequacy or approp1iateness of plans, procedures to implement 

plans, schedules or any other items requiring approval by EPA under this Consent 

Decree; the adequacy of the performance of work undertaken pursuant to this 

Consent Decree; and all other disputes that are accorded review on the 

adminish·ative record under applicable principles of administrative law, Defendant 

shall have the burden of demonstrating, based on the administrative record, that the 

position of the United States is arbih·ary and capricious or otherwise not in 

accordance with law. 

b. Other Disputes. Except as othe1wise provided in this Consent Decree, in 

any other dispute brought under Paragraph 40, Defendant shall bear the burden of 

demonstrating that its position complies with this Consent Decree and better 

furthers the objectives of the Consent Decree. 

45. The invocation of dispute resolution procedures under this Section shall not, by 

itself, extend, postpone, or affect in any way any obligation of Defendant under this Consent 

Decree, unless and until final resolution of the dispute so provides. Stipulated penalties with 

respect to the disputed matter shall continue to accme fi·om the first Day of noncompliance, but 

payment shall be stayed pending resolution of the dispute as provided in Paragraph 28. If 

Defendant does not prevail on the disputed issue, stipulated penalties shall be assessed and paid 

as provided in Section VIII (Stipulated Penalties). 

XI. INFORMATION COLLECTION AND RETENTION 

46. The United States and its representatives, including attorneys, contractors, and 

consultants, shall have the light of entry into any facility covered by this Consent Decree, at all 

reasonable times, upon presentation of credentials, to: 

a. monitor the progress of activities required under this Consent Decree; 

b. veiify any data or infonnation submitted to the United States in 

accordance with the terms of this Consent Decree; 

c. obtain samples and, upon request, splits of any samples taken by 

Defendant or its representatives, contractors, or consultants; 

d. obtain documentary evidence, including photographs and similar data; and 

II 
retain, and shall instruct its contractors and agents to preserve, all non-identical copies of all 

documents, records, or other infmmation (including documents, records, or other information in 

electronic form) in its or its contractors' or agents' possession or control, or that come into its or 

its contractors' or agents' possession or control, and that relate in any manner to Defendant's 

performance of its obligations under this Consent Decree. This infmmation-retention 

requirement shall apply regardless of any contrary corporate or institutional policies or 

procedures. At any time during this information-retention period, upon request by the United 

States, Defendant shall provide copies of any documents, records, or other infmmation required 

to be maintained under this Paragraph. 

49. At the conclusion of the information-retention period provided in the preceding 

Paragraph, Defendant shall notify the United States at least ninety (90) Days prior to the 

destruction of any documents, records, or other information subject to the requirements of the 

preceding Paragraph and, upon request by the United States, Defendant shall deliver any such 

documents, records, or other infonnation to EPA. Defendant may assert that certain documents, 

records, or other information is privileged under the attorney-client privilege or any other 

plivilege recognized by federal law. If Defendant asserts such a privilege, it shall provide the 

following: (a) the title of the document, record, or information; (b) the date ofthe document, 

record, or infonnation; (c) the name and title of each author of the document, record, or 

information; (d) the name and title of each addressee and recipient; (e) a description of the 

subject of the document, record, or information; and (f) the privilege asserted by Defendant. 

However, no documents, records, or other information created or generated pursuant to the 

requirements of this Consent Decree shall be withheld on grounds ofptivilege. 

50. Defendant may also assett that infonnation required to be provided under this 

Section is protected as Confidential Business Information ("CBI") under 40 C.F.R. Part 2. As to 

any infmmation that Defendant seeks to protect as CBI, Defendant shall follow the procedures 

set fmth in 40 C.F.R. Part 2. 

51. This Consent Decree in no way limits or affects any right of entty and inspection, 

or any right to obtain information, held by the United States pursuant to applicable federal laws, 

regulations, or permits, nor does it limit or affect any duty or obligation of Defendant to maintain 

documents, records, or other information imposed by applicable federal or state laws, 

regulations, or permits. 

12 
air quality construction pe1mit and CAA Title V operating pe1mit for the Facility; a claim based 

on alleged violations of National and State Pollutant Discharge Elimination System requirements 

under Sections 301 and 402 of the CWA, 33 U.S.C. §§ 13ll and 1342, applicable federal, state, 

and local regulations, and the applicable NPDES permits for pe1missible discharges of pollutants 

fi"om the Facility, including effluent limitations and storm water discharges; a claim based on 

alleged violations of pretreatment requirements for a baseline monitoring report and pennitting 

requirements under Sections 307 and 308 of the CW A, 33 U .S.C. §§ 1317 and 1318, 40 C.P.R. 

Parts 403 and 464, and applicable state and local regulations. 

53. The United States reserves all legal and equitable remedies available to enforce 

the provisions of this Consent Decree, except as expressly stated in Paragraph 52. This Consent 

Decree shall not be construed to limit the rights of the United States to obtain penalties or 

injunctive relief under the CW A and CAA or implementing regulations, or under other federal 

laws, regulations, or permit conditions, except as expressly specified in Paragraph 52. The 

United States finiher reserves all legal and equitable remedies to address any imminent and 

substantial endangerment to the public health or welfare or the environment arising at, or posed 

by, Defendant's Facility, whether related to the violations addressed in this Consent Decree or 

otherwise. 

54. In any subsequent administrative or judicial proceeding initiated by the United 

States for injunctive relief, civil penalties, other appropriate relief relating to the Facility or 

Defendant's violations, Defendant shall not asse1i, and may not maintain, any defense or claim 

based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim 

preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by 

the United States in the subsequent proceeding were or should have been brought in the instant 

case, except with respect to claims that have been specifically resolved pursuant to Paragraph 52. 

55. This Consent Decree is not a permit, or a modification of any pennit, under any 

federal, State, or local laws or regulations. Defendant is responsible for achieving and 

maintaining complete compliance with all applicable federal, State, and local laws, regulations, 

and permits; and Defendant's compliance with this Consent Decree shall be no defense to any 

action commenced pursuant to any such laws, regulations, or permits, except as set fmih herein. 

The United States does not, by its consent to the entJy of this Consent Decree, warrant or aver in 

any manner that Defendant's compliance with any aspect of this Consent Decree will result in 

compliance with provisions of the Clean Air Act, 42 U.S.C. § 7401, et seq., Clean Water Act, 33 

U.S.C. § 1251, et seq., or with any other provisions of federal, State, or local laws, regulations, 

or permits. 

13 
y 

XIII. COSTS 

58. The Parties shall bear their own costs of this action, including attorneys' fees, 

except that the United States shall be entitled to collect the costs (including attorneys' fees) 

incurred in any action necessary to collect any p01iion of the civil penalty or any stipulated 

penalties due but not paid by Defendant. 

XIV. NOTICES 

59. Unless otherwise specified in this Decree, whenever notifications, submissions, or 

communications are required by this Consent Decree, they shall be made in writing and 

addressed as follows: 

As to the United States by email: 

As to the United States by mail: 

As to EPA by mail: 

As to EPA by email, phone, 

or facsimile: 

eescasemanagement.enrd@usdoj. gov 

Re: DJ # 90-5-2-1-10126 

EES Case Management Unit 

Environment and Natural Resources Division 

U.S. Depatiment of Justice 

P.O. Box 7611 

Washington, D.C. 20044-7611 

Re: OJ# 90-5-2-1-10126 

Air Compliance and Enforcement Section 

U.S Environmental Protection Agency, Region 7 

11201 Renner Blvd. 

Lenexa, Kansas 66219 

Joe Terriquez 

U.S Environmental Protection Agency, Region 7 

Email: terriguez.joe@epa.gov 

Phone: (913) 551-7105 

Facsimile: (913) 551-9105 

14 
Email: rostrowski@griffinpipe.com 

Gary S. Rovner 

Foley & Lardner LLP 

321 North Clark Street I Suite 2800 

Chicago, IL 60654-5313 

Phone: 312.832.4918 

Email: GRov1_1er@foley.com 

60. Any Party may, by written notice to the other Parties, change its designated notice 

recipient or notice address provided above. 

61. Notices submitted pursuant to this Section shall be deemed submitted upon 

mailing, unless otherwise provided in this Consent Decree or by mutual agreement of the Parties 

in writing. 

XV. EFFECTIVE DATE 

62. The Effective Date of this Consent Decree shall be the date upon which this 

Consent Decree is entered by the Court or a motion to enter the Consent Decree is granted, 

whichever occurs first, as recorded on the Court's docket. 

XVI. RETENTION OF JURISDICTION 

63. The Comt shall retain jurisdiction over this case until termination of this Consent 

Decree, for the purpose of resolving disputes arising under this Decree or entering orders 

modifying this Decree, pursuant to Sections X and XVII, or effectuating or enforcing compliance 

with the terms ofthis Decree. 

XVII. MODIFICATION 

64. The terms of this Consent Decree may be modified only by a subsequent written 

agreement signed by all the Parties. Where the modification constitutes a material change to this 

Decree, it shall be effective only upon approval by the Court. 

65. Any disputes concerning modification of this Decree shall be resolved pursuant to 

Section X (Dispute Resolution), provided, however, that, instead of the burden of proof provided 

15 
Consent Decree, and IDNR has issued an effective Air Quality Construction Pennit or Permit 

Amendment requiring the Facility to meet a lead emission limit for the cupola baghouse that is at 

least as stringent as the lead emission limit required by Paragraph II of this Decree, Defendant 

may serve upon the United States a Request for Termination, stating that Defendant has satisfied 

those requirements, together with all necessary suppmiing documentation. 

67. Following receipt by the United States of Defendant's Request for Termination, 

the Pmiies shall confer informally concerning the Request and any disagreement that the Parties 

may have as to whether Defendant has satisfactorily complied with the requirements for 

termination of this Consent Decree. If the United States agrees that the Decree may be 

terminated, the Pmiies shall submit, for the Court's approval, a joint stipulation terminating the 

Decree. 

68. If the United States does not agree that the Decree may be terminated, Defendant 

may invoke Dispute Resolution under Section X. However, Defendant shall not seek Dispute 

Resolution of any dispute regarding tennination until sixty (60) Days after service of its Request 

for Termination. 

XIX. PUBLIC PARTICIPATION 

69. This Consent Decree shall be lodged with the Comi for a period of not less than 

30 Days for public notice and comment in accordance with 28 C.P.R. § 50.7. The United States 

reserves the right to withdraw or withhold its consent if the comments regarding the Consent 

Decree disclose facts or considerations indicating that the Consent Decree is inappropriate, 

improper, or inadequate. Defendant consents to entry of this Consent Decree without further 

notice and agrees not to withdraw fi·om or oppose enlly of this Consent Decree by the Court or to 

challenge any provision of the Decree, unless the United States has notified Defendant in writing 

that it no longer suppmis entry of the Decree. 

XX. SIGNATORIES/SERVICE 

70. Each undersigned representative of Defendant and the Assistant Attorney General 

for the Environment and Natural Resources Division of the Department of Justice certifies that 

he or she is fully authmized to enter into the terms and conditions of this Consent Decree and to 

execute and legally bind the Pmiy he or she represents to this document. 

71. This Consent Decree may be signed in counterpmis, and its validity shall not be 

challenged on that basis. Defendant agrees to accept service of process by mail with respect to 

16 
understanding among the Pmiies with respect to the settlement embodied in the Decree and 

supersedes all prior agreements and understandings, whether oral or written, concerning the 

settlement embodied herein. No other document, nor any representation, inducement, 

agreement, understanding, or promise, constitutes any part of this Decree or the settlement it 

represents, nor shall it be used in construing the tenns of this Decree. 

XXII. FINAL JUDGMENT 

73. Upon approval and entry of this Consent Decree by the Comi, this Consent 

Decree shall constitute a final judgment of the Comi as to the United States and Defendant. 

Dated and entered this_ day of ____ , 2014 

UNITED STATES DISTRICT JUDGE 

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For the Plaintiff United States of America: 

DATED: 01 - 22 - 2 0 /'j 

DATED: 1- J)--Jj)( 1 

THOMAS A. tv1AH I NI, JR. 

Deputy Section Chief 

Environmental Enforcement Section 

Environment and Natural Resources Division 

U.S. Department of Justice 

Post Office Box 7611 

Washington, D.C .. 20044-7611 

t:ii#.

!!b

L~ 

Senior Litigator 

Environmental Enforcement Section 

Environment and Natural Resources Division 

U.S. Department of Justice 

601 D Street NW 

Washington, DC 20004 

Telephone: (202) 616-6560 

Facsimile: (202) 514-8865 

E-mail: Cynthia.Ferguson@usdoj.gov 

18 
For the Plaintiff United States Environmental Protection Agency: 

DATED: __ z __ q __ ((V __ ____ 

DATED: 

_

J--'{ 2_=-q ---t....: { 't __ 

Regional Administrator 

U.S. EPA Region 7 

11201 Renner Boulevard 

Lenexa, KS 66219 

ANNE RAUCH 

Assistant Regional Counsel 

U.S. EPA Region 7 

11201 Renner Boulevard 

Lenexa, KS 66219 

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' ' /.1(. 

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