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BEFORE
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COMMISSIONER
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Complainant, |
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Case
No. 2005-14590-A |
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ADESA
INDAINAPOILS, INC., |
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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.
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 Adesa Indianapolis, Inc. (Respondent), which
operates the automotive paint facility located at
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, IDEM issued a Notice of Violation
via Certified Mail to:
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Dave
Gartzke, President |
Karen
Turner, Registered Agent |
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Adesa
Indianapolis, Inc. |
Adesa
Indianapolis, Inc. |
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5.
A records review, on or around August 8, 2004, was conducted
at the Site by a representative of IDEM’s Office of Air Quality (OAQ). The following violations were in existence or
observed at the time of this records review:
A.
Pursuant to 326 IAC 2-1-3, a source or facility which has
allowable emissions of twenty-five (25) tons or more per year of any regulated
pollutant shall apply for and obtain a construction permit prior to commencing
construction.
Facilities located at this source, three automotive
paint spray booths, were constructed without first applying for and obtaining a
construction permit, a violation of 326 IAC 2-1-3.
B.
Pursuant to 326 IAC 2-1-4, a source or facility which has
allowable emissions of twenty-five (25) tons or more per year of any regulated
pollutant shall apply for and obtain an operating permit prior to commencing
operation.
This facility began operating without first applying
for and obtaining an operating permit, a violation of 326 IAC 2-1-4.
C.
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, a violation of 326 IAC 2-7-3.
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, a violation of 326 IAC 2-7-4.
6.
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 his 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 of the provisions in permit
number F 063-19467-00055.
3.
All submittals required by this Agreed Order, unless
notified otherwise in writing, shall be sent to:
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Kristopher M. Grinnell, Enforcement Case Manager |
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Office of Enforcement – Mail Code 60-02 |
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Indiana Department of Environmental Management |
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4.
Respondent is assessed a civil penalty of Twenty Seven
Thousand Five Hundred Dollars ($27,500.00).
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 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:
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Indiana Department of Environmental Management |
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Cashiers Office – Mail Code 50-10C |
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6.
In the event that the civil penalty required by Order
paragraph No. 4 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.
[The remainder of this page
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
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Adesa Indianapolis, Inc. |
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David P. McIver |
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Chief, Air Section |
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Office
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COUNSEL
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Department
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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For
The Commissioner: |
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Signed
on May 24, 2006 |
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Matthew
T. Klein |
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Assistant
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Compliance
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