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United States v. Ardagh Glass Inc.

United States District Court, W.D. Washington, Seattle

April 30, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ARDAGH GLASS INC. formerly known as SAINT-GOBAIN CONTAINERS, INC., Defendant. and STATE OF ILLINOIS, Plaintiff-Intervenor,

          ANDREW ARMSTRONG, Office of the Illinois Attorney General.

          STIPULATION AND ORDER

          Thomas S. Zilly, United States District Judge.

         MODIFICATION TO CONSENT DECREE

         WHEREAS, the United States of America (“United States”), the State of Illinois (“Illinois”), and Ardagh Glass Inc. (formerly known as Saint-Gobain Containers, Inc.) (“Ardagh”) are Parties to a Consent Decree entered by this Court on May 7, 2010 (the “Consent Decree”);

         WHEREAS, the Consent Decree requires Ardagh to install emission control systems and to achieve compliance with emission limits at specified glass melting furnaces located at Ardagh's container glass manufacturing facilities, including a facility in Lincoln, Illinois (“Lincoln Facility”), as more specifically described in the Consent Decree;

         WHEREAS, Paragraph 7, Table 2 of the Consent Decree requires Ardagh to install an Oxyfuel Furnace as nitrogen oxides (NOx) emission control technology at the Lincoln Facility by December 31, 2018;

         WHEREAS, Paragraph 102 of the Consent Decree provides Ardagh with the option to forego its obligation to install or continue to operate controls at a furnace as otherwise required by Paragraph 7 of the Consent Decree, if Ardagh permanently ceases operating the furnace.

         WHEREAS, Ardagh has decided to permanently cease operation of the Furnace at the Lincoln Facility and, therefore, would not be required to install emission controls on that Furnace.

         WHEREAS, Ardagh has asserted that it needs additional time beyond the current December 31, 2018 compliance date in order to effectuate an orderly cessation of operations while meeting customer expectations;

         WHEREAS, the Parties recognize and agree that, as an extension of the compliance schedule will result in emissions of NOx at Lincoln, Illinois which would otherwise be controlled by the emissions controls required by the Consent Decree, performance of additional environmentally beneficial projects by Ardagh in Illinois is appropriate;

         WHEREAS, Plaintiffs and Defendant have agreed that resolution of the potential dispute regarding modification of the Consent Decree and the compliance schedule is in the public interest and will best serve the goal of the Consent Decree to achieve air quality improvements, and that entry of this Modification to Consent Decree is the most appropriate means of resolving the dispute;

         WHEREAS, the United States, Illinois, and Ardagh therefore wish to (1) modify Paragraph 7, Table 2 of the Consent Decree to adjust the compliance schedule and (2) add the Illinois Environmental Projects as Section XXVIII to this Consent Decree;

         WHEREAS, Paragraph 99 of the Consent Decree requires that this Modification be approved by the Court before it is effective;

         WHEREAS, the Parties recognize, and the Court by entering this Modification to Consent Decree finds, that this Modification to Consent Decree has been negotiated by the Parties in good faith and will avoid litigation between the Parties and that this ...


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