STATE OF |
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BEFORE THE INDIANA DEPARTMENT OF |
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ENVIRONMENTAL MANAGEMENT |
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COMMISSIONER OF THE DEPARTMENT |
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OF ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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Case No. 2001-11032-A |
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HORIZON TERRA, INCORPORATED, |
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D/B/A IDX-LOUISVILLE |
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Respondent. |
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AGREED ORDER
The Complainant and the Respondent desire to settle and
compromise this action without hearing or adjudication of any issue of fact or
law, and consent to the entry of the following Findings of Fact and Order. Pursuant to IC 13-30-3-3, entry into the terms of
this Agreed Order does not constitute an admission of any violation contained
herein. Respondent’s entry into this
Agreed Order shall not constitute a waiver of any defense, legal or equitable,
which Respondent may have in any future administrative or judicial proceeding,
except a proceeding to enforce this Order.
I. FINDINGS OF FACT
1.
Complainant
is the Commissioner (”Complainant”) of the Indiana Department of Environmental
Management, a department of the State of
2.
Respondent
is Horizon Terra, Incorporated d/b/a idX-Lousiville (ARespondent@), which owns and operates a stationary wooden furniture
fixtures fabrication facility with federal ID number 019-00019, located at 110
Technology Way in Jeffersonville, Indiana, Clark County (“Site”).
3.
The
Indiana Department of Environmental Management (“IDEM”) has jurisdiction over
the parties and the subject matter of this action.
4.
Pursuant
to IC 13-30-3-3, on April 2, 2002, IDEM issued a Notice of Violation via
Certified Mail to:
Dennis
Dugan, President |
Lexis
Document Services, Registered Agent |
Horizon
Terra Incorporated |
For Horizon
Terra Incorporated |
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5.
A records review was conducted for the Site by a
representative of IDEM=s Office of Air Quality (OAQ). The following violations were in existence at
the time of this records review:
A.
Pursuant to 326 IAC 2-7-3,
no Part 70 source may operate after the time that it is required to submit a
timely and complete application except in compliance with a Part 70 permit
issued under this rule. A source can
continue to operate without being in violation of this rule if it submits a
timely and complete application.
This source operated without submitting a timely and complete Part 70 permit
application in violation of 326 IAC 2-7-3.
B.
Pursuant to 326 IAC 2-7-4 a
timely Part 70 application is one that is received within twelve (12) months
after the source becomes subject to the Part 70 permit program. For applicable sources in existence on
December 14, 1995, the deadline is December 13, 1996. For other sources, the deadline is twelve
(12) months from the date the source first meets an applicability criterion of
section 2 of this rule.
This source failed to submit a timely Part 70 application because this source’s
Part 70 permit application was received on December 13, 2000, after the
December 13, 1996 submission deadline in violation of 326 IAC 2-7-4.
C.
Pursuant to 326 IAC 2-6-3,
the owner or operator of any facility in Clark, Elkhart, Floyd, Lake, Marion,
Porter, St. Joseph or Vanderburgh County with the potential to emit volatile
organic compounds (VOCs) or oxides of nitrogen (NOx) at levels greater than ten
(10) tons per year annually shall submit an emission statement to the
Commissioner by April 15 of the following year.
This facility failed to
submit its emissions statement for the years 1997, 1998, 1999, and 2000 by
April 15, of the respective consecutive year, in violation of 326 IAC 2-6-3.
6.
Respondent submitted its Part 70 permit application on
December 13, 2000.
7.
Respondent submitted to OAQ the 1997, 1998, 1999, and 2000
annual emissions statements.
8.
The remaining violations cited in the NOV are being resolved
with a Violation Letter issued concurrently with this Agreed Order.
9.
In recognition of the settlement reached, Respondent waives
any right to administrative and judicial review of this Agreed Order.
II. ORDER
1.
This Agreed Order shall be effective ("Effective
Date") when it is approved by the Complainant or her delegate, and has
been received by the Respondent. This
Agreed Order shall have no force or effect until the Effective Date.
2.
Respondent shall comply with all the requirements of Part 70
permit number F019-13623-00019 issued on December 12, 2001, and all of its
subsequent modifications and amendments.
3.
All submittals required by this Agreed Order, unless
notified otherwise in writing, shall be sent to:
Michael Stonik, Enforcement Case Manager |
Office of Enforcement Mail Code: 60-02 |
Indiana Department of Environmental Management |
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4.
Respondent is assessed a civil penalty of Thirteen Thousand
Six Hundred Dollars ($13,600.00). Said
penalty amount shall be due and payable to the Environmental Management Special
Fund within thirty (30) days of the Effective Date of this Agreed Order.
5.
Civil and stipulated penalties are payable by check to the
Environmental Management Special Fund.
Checks shall include the Case Number of this action and shall be mailed
to:
Indiana Department of Environmental Management |
Cashier’s Office Mail Code 50-10C |
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6.
In the event that the civil penalty required by Order
paragraph 4 of this Agreed Order is not paid within thirty (30) days of the
Effective Date of this Agreed Order, Respondent shall pay interest on the
unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall
continue to accrue until the civil penalty is paid in full.
7.
This Agreed Order shall apply to and be binding upon the
Respondent, its successors and assigns. The Respondent's signatories to this
Agreed Order certify that they are fully authorized to execute this document
and legally bind the parties they represent.
No change in ownership, corporate, or partnership status of the
Respondent shall in any way alter its status or responsibilities under this
Agreed Order.
8.
In the event that any terms of the Agreed Order are found to
be invalid, the remaining terms shall remain in full force and effect and shall
be construed and enforced as if the Agreed Order did not contain the invalid
terms.
9.
The Respondent shall provide a copy of this Agreed Order, if
in force, to any subsequent owners or successors before ownership rights are
transferred. Respondent shall ensure that all
contractors, firms and other persons performing work under this Agreed Order
comply with the terms of this Agreed Order.
10.
This Agreed Order shall remain in effect until Respondent
has complied with all terms and conditions of this Agreed Order.
TECHNICAL RECOMMENDATION: |
RESPONDENT: |
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Department of Environmental Management |
Horizon Terra, Incorporated |
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By: _________________________ |
By:
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David P.
McIver |
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Chief, Air
Section |
Printed: ______________________ |
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Office of Enforcement |
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Title: ________________________ |
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Date: __________________ |
Date: _______________________ |
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COUNSEL FOR COMPLAINANT: |
COUNSEL FOR RESPONDENT: |
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Department of Environmental Management |
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By: ______________ |
By: ________________________ |
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Office of Legal Counsel |
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Date: _______________________ |
Date: ______________________ |
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APPROVED AND ADOPTED BY THE
INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY OF |
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For The Commissioner: |
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Signed on December 8,
2005 |
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Matthew T. Klein |
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Assistant Commissioner |
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of Compliance and Enforcement |
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