On September 30, 2003, Region 5 filed a combination Complaint/Consent Agreement and Final Order simultaneously initiating and resolving an administrative penalty and compliance action against Respondent Reilly Industries, Inc. in Indianapolis, Indiana. The Region alleged that Reilly committed violations of regulatory requirements applicable to the burning of hazardous waste fuels in boilers and industrial furnaces (BIFs) under the Resource Conservation and Recovery Act (RCRA). Counts I and II allege that Reilly exceeded its CO operating limit on two boilers; Counts III and IV allege that Reilly operated two boilers without a functioning automatic waste feed cutoff (AWFCO); Count V alleges that Reilly failed to conduct a daily visual BIF inspection during interim status; and Count VI alleges that Reilly failed to perform and/or record daily continuous emission monitoring (CEM) audits. The proposed (and settlement) civil penalty amount is $29,700.
In the CAFO, Reilly certifies that it is in compliance with the RCRA regulatory requirements at issue; verifies that it: is operating its boilers to comply with its CO limits; has a functioning AWFCO system on is boilers; is conducting daily visual inspections of its boilers and associated equipment; and is performing and recording daily continuous emission monitoring system audits. The CAFO contains a Compliance Order requiring Reilly to comply with the applicable BIF regulations, and requires the company to pay a civil penalt