BEFORE THE ENVIRONMENTAL QUALITY COMMISSION
OF THE STATE OF OREGON
)
) MUTUAL AGREEMENT
IN THE MATTER OF: ) AND ORDER
BULLSEYE CO., )
an Oregon corporation. ) No. AQ/AC-NWR-16-XXX
)
WHEREAS:
1. Bullseye Glass Co. (Bullseye) owns and operates a glass manufacturing facility located at 3722 SE 21st Avenue, Portland, Oregon (the Facility).
2. The Facility commenced operations in 1976. The Facility currently employs XX people.
3. PERMITTING: In [YEAR], the Department of Environmental Quality (DEQ) issued Bullseye Air Contaminant Discharge Permit No. XXXXX (ACDP) for the Facility in accordance with OAR 340-XXX-XXXX. The Permit authorizes Bullseye to operate the Facility in accordance with all conditions set forth in the permit. [RENEWAL DATE AND INFO].
4. As of the date of this executed Mutual Agreement and Order (MAO), the DEQ does not have knowledge of violations of the ACDP at Bullseye’s Facility. [AWKWARD] This MAO does not allege violations of the ACDP.
5. Typically, the Facility uses the following elements in the production of glass at the Facility: arsenic, cadmium, chromium III, chromium VI, lead, manganese, XXXXX, XXXX and XXXXXX.
6. The ACDP does not set emission limits for the metals detailed in No. 5 above.
7. On [DATE], DEQ learned of elevated levels of cadmium and ???? within a XX meter proximity to the Facility.
8. On [DATE], DEQ requested that Bullseye cease use of arsenic, cadmium and chromium as raw materials in its production of glass at the Facility.
9. On [DATE], Bullseye agreed to cease and did cease use of arsenic, cadmium and chromium at its Facility and has continued to operate without the use of arsenic, cadmium and chromium as of the date of this executed MAO.
10. DEQ and Bullseye enter into this MAO with the intention of protecting public health and the environment. This MAO establishes [AN AGREED UPON MODE OF OPERATION FOR THE FACILITY???].
11. By entering into this MAO, Bullseye neither admits nor denies the allegations related to or arising from any of the matters in this MAO.
12. This MAO is not intended to limit, in any way, DEQ's right to proceed against Bullseye in any forum for any past or future violations not expressly settled herein.
NOW THEREFORE, it is stipulated and agreed that:
13. The Environmental Quality Commission shall issue a final order requiring that Bullseye:
a. [ENTER GUTS]
d.
XX. Requiring Bullseye, upon receipt of a written Penalty Demand Notice from DEQ, to pay the following civil penalties:
a. $1,600 for each day that Bullseye violates any compliance requirements detailed in Paragraphs XX through XX of this MAO; and
b. $800 for each violation of any of the production requirements in Paragraphs XX through XX of this MAO.
XX. If any event occurs that is beyond Bullseye’s reasonable control that causes or may cause a delay or deviation in performance of the requirements of this MAO, Bullseye must immediately notify DEQ verbally of the cause of delay or deviation and its anticipated duration, the measures that have been or will be taken to prevent or minimize the delay or deviation, and the timetable by which Bullseye proposes to carry out such measures. Bullseye must confirm in writing this information within five (5) working days of the onset of the event. It is Bullseye’s responsibility in the written notification to demonstrate to DEQ’s satisfaction that the delay or deviation has been or will be caused by circumstances beyond the reasonable control and despite due diligence of Bullseye. If Bullseye so demonstrates, DEQ will extend times of performance of related activities under this MAO as appropriate. Circumstances or events beyond Bullseye’s control include, but are not limited to, acts of nature, unforeseen strikes, work stoppages, fires, explosion, riot, sabotage, or war. Increased cost of performance or consultant’s failure to provide timely reports will not be considered circumstances beyond Bullseye’s reasonable control. However, delay in DEQ approval of documents due to no act or omission of Bullseye’s will be considered circumstances beyond Bullseye’s control.
XX. Regarding the violations and potential violations set forth in Paragraphs XX through XX above, which are expressly settled herein, Bullseye hereby waives any and all of its rights to any and all notices, a contested case hearing, judicial review, and to service of a copy of the final order herein. DEQ reserves the right to enforce this order through appropriate administrative and judicial proceedings.
XX. DEQ and Bullseye may amend the terms of this MAO by mutual written agreement.
XX. Bullseye agrees that this MAO shall be binding on Bullseye and its respective successors, agents, and assigns. The undersigned representative of Bullseye certifies that he or she is fully authorized to execute and bind Bullseye to this MAO. No change in ownership or corporate or partnership status relating to the Facility will, in any way, alter Bullseye’s obligation under this MAO, unless otherwise approved in writing by DEQ.
XX. All reports, notices and other communications required under or relating to this MAO should be sent to: George Davis, DEQ Northwest Region Office, 2020 SW Fourth Avenue, Suite 400, Portland, Oregon 97201. The contact person for Bullseye is: [NAME], [ADDRESS], Portland, Oregon 972XX.
XX. Bullseye acknowledges that it has actual notice of the contents and requirements of this MAO and that failure to fulfill any of the requirements hereof will constitute a violation of this MAO and will subject Bullseye to payment of civil penalties.
XX. Any stipulated civil penalty imposed pursuant to Paragraph XX is due upon written demand. Stipulated civil penalties must be paid by check or money order made payable to the "State Treasurer, State of Oregon" and sent to: Business Office, Department of Environmental Quality, 811 SW Sixth Avenue, Portland, Oregon 97204. Within twenty-one (21) days of receipt of a "Demand for Payment of Stipulated Civil Penalty" Notice from the Department, Bullseye may request a hearing to contest the Demand Notice. At any such hearing, the issue will be limited to Bullseye’s compliance or noncompliance with this MAO. The amount of each stipulated civil penalty for each violation and/or day of violation is established in advance by this MAO and will not be a contestable issue.
XX. DEQ may amend the compliance schedule and conditions in this MAO upon finding that such modification is necessary because of changed circumstances or to protect public health and the environment. DEQ must provide Bullseye a minimum of fourteen (14) days written notice prior to issuing an amended order modifying any compliance schedules or conditions. If Bullseye contests the amended order, the applicable procedures for conduct of contested cases in such matters will apply.
XX. This MAO will terminate [IN 5 YEARS OR AT MUTUAL AGREEMENT OF THE PARTIES, WHICHEVER IS SOONER] and Bullseye fully pays all penalties required by Paragraph XX.
BULLSEYE CO.
Date Signature
Name (print)
Title (print)
DEPARTMENT OF ENVIRONMENTAL QUALITY and
ENVIRONMENTAL QUALITY COMMISSION
Date Leah K. Feldon, Manager
Office of Compliance and Enforcement
on behalf of DEQ pursuant to OAR 340-012-0170
on behalf of the EQC pursuant to OAR 340-011-0505