STATE OF INDIANA

COUNTY OF MARION

)
)
)


SS:

BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

PRECISION PAINTING, INC.,

Respondent.

)
)
)
)
)
)
)
)
)
)






Case No. 2005-15262-A

 

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 Indiana created by IC 13-13-1-1.

 

2.            Respondent is Precision Painting, Inc. ("Respondent"), which owns and operates a recreational vehicle (RV) and other automobile painting operation, with Plant ID No. 099-00096, located at 218 East 2nd Street, in Bremen, Marshall County, Indiana (“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 25, 2006, IDEM issued a Notice of Violation via Certified Mail to:

 

Mr. Todd D. Hundt, President and Registered Agent

Precision Painting, Inc.

2798 State Road 331

Brement  IN 46506

 

5.            An inspection was conducted, on December 4, 2003 at the Site by a representative of IDEM’s Office Air Quality (OAQ).  The following violations were in existence or observed at the time of this inspection:

 

(a)       Pursuant to 326 IAC 2-5.1-3 (Permits for Construction of New Sources), an applicable source is required to submit a permit application and obtain a permit to construct prior to commencement of construction.  Paint Booth-1, with a potential to emit of volatile organic compounds (VOC) greater than 25 tons per year, was required to obtain construction permit approval under 326 IAC 2-5.1-3.  However, the Respondent constructed the emission unit on September 12, 2002 without prior approval.

 

(b)       Pursuant to 326 IAC 2-7-4 (Title V Operating Permit Program), an applicable source is required to submit a permit application within 12 months of being subject to the Rule.  Paint Booth-1, with a potential to emit of Xylene (Hazardous Air Pollutant) greater than 10 tons per year, was required submit an operating permit application pursuant 326 IAC 2-7-4. The Respondent did not submit the required application by September 11, 2003, although operation of the paint booth commenced on September 12, 2002.

 

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 has applied for an operating permit on January 29, 2004 and received a Title V permit on November 22, 2004, bringing the source into compliance with air pollution regulations.

 

3.            Pursuant to 326 IAC 2-5.1-3 (Permits for Construction of New Sources), an applicable source is required to submit a permit application and obtain a permit to construct prior to commencement of construction.  Paint Booth-1 was constructed on September 12, 2002 without prior approval. IDEM will not take further action on the construction without a permit of Paint Booth-1, at this time.  However, future violations of 326 IAC 2-5.1-3 may result in enforcement action with civil penalties assessed pursuant to IC 13-30-4-1.

 

4.            All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

 

Keshav Reddy, Enforcement Case Manager
Indiana Department of Environmental Management

Office of Enforcement – Mail Code 60-02

100 North Senate Avenue

Indianapolis, IN  46204-2251

 

5.            Respondent is assessed a civil penalty of Six Thousand Eight Hundred Dollars ($ 6800). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date of this Agreed Order.

 

6.            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

100 North Senate Avenue

Indianapolis, Indiana  46204‑2251

 

7.            In the event that the civil penalty required by Order paragraph 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.

 

8.            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.

 

9.            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.

 

10.       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.

 

11.       This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

David P. McIver

 

Printed:

Todd Hundt

 

Chief, Air Section

 

Title:

President

 

Office of Enforcement

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

COUNSEL FOR COMPLAINANT:

 

COUNSEL FOR RESPONDENT:

Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

J. C. Alexander

 

 

 

 

Office of Legal Counsel

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2006.

 

 

For The Commissioner:

 

 

 

Signed on August 24, 2006

 

Matthew T. Klein

 

Assistant Commissioner

 

of Compliance and Enforcement