STATE OF |
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BEFORE
THE INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. DUTCHMEN
MANUFACTURING, INC, 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 Dutchmen Manufacturing, Inc.
("Respondent"), which owns and operates a stationary travel trailer
manufacturing source with Plant ID No. 039-00376, 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,
on
Mr. Rich Florea, President |
CT Corporation System, |
Dutchmen Manufacturing, Inc. |
Registered Agent for Dutchmen
Manufacturing, Inc. |
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5.
An inspection was conducted, on
(a) Pursuant to 326 IAC
The Respondent constructed and operated a waste wood grinding system, to be
located at its
6.
Respondent applied for a permit on
7.
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 the applicable requirements
of 326 IAC 2-8.
3.
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 |
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4.
Respondent is assessed a civil penalty of Six Thousand Three
Hundred and Seventy Five Dollars ($6375).
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 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: |
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RESPONDENT: |
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Department of Environmental Management |
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By: |
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By: |
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David P. McIver |
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Printed: |
Richard Florea |
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Chief, Air Section |
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Title: |
President |
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Office of Enforcement |
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Date: |
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Date: |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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Department of Environmental Management |
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By: |
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By: |
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J. C. Alexander |
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Office of Legal Counsel |
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Date: |
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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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, 2006. |
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For The Commissioner: |
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Signed on August 3, 2006 |
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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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