STATE
OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. BRAVO TRAILERS, Respondent. |
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AGREED ORDER
Complainant
and 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 (“IDEM”), a department of the State of Indiana created by Indiana
Code (“IC”) 13-13-1-1.
2.
Respondent
is Bravo Trailers (“Respondent”) which owns/operates the stationary enclosed
cargo trailer manufacturing source with Plant ID No. 039-00710, located at
19319 County Road 8, in Bristol, Elkhart County, Indiana (“Site”).
3.
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 (“NOV”) via Certified Mail
to:
Mr.
Gary Mackelprang, V.P. Operations Bravo
Trailers |
Mr.
Mitchell Bender, Registered Agent Bravo
Trailers |
19319
County Road 8 |
19319
County Road 8 |
Bristol,
IN 46507 |
Bristol,
IN 46507 |
5.
The
Respondent owns and operates a stationary enclosed cargo trailer manufacturing
source.
6.
During
an investigation conducted by a representative of IDEM, the following
violations were found:
a.
Pursuant
to 326 IAC 2-5.1-3 (Construction of New Sources: Permits), a new source
must obtain a construction permit prior to beginning construction of emissions
units in accordance with this rule.
Respondent constructed a stationary enclosed cargo trailer manufacturing source
(consisting of a paint booth and assembly operation) prior to applying for/and
obtaining a Construction Permit, in violation of 326 IAC 2-5.1-3.
b.
Pursuant
to 326 IAC 2-7-3 (Part 70 Permit Program), 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.
Respondent
operated a stationary enclosed cargo trailer manufacturing source with
potentials to emit PM10 and VOC that exceed Part 70 operating permit
thresholds, prior to receipt of the proper permit, in violation of 326 IAC
2-7-3.
7.
On
December 20, 2010, the IDEM, OAQ – Permits Branch received a New Source
Construction and FESOP application from Bravo Trailers. The permit application was for the construction
and operation of an enclosed cargo trailer manufacturing operation. The emission units include a paint booth,
(identified as P1) and an assembly operation (identified as P2).
On
April 7, 2011, the IDEM, OAQ issued New Source Construction and Federally
Enforceable State Operating Permit No.: F039-30035-00710 to Bravo Trailers.
8.
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
Complainant or Complainant’s delegate, and has been received by
Respondent. This Agreed Order shall have
no force or effect until the Effective Date.
2.
Respondent
shall comply with 326 IAC 2-8 and New Source Construction and Federally Enforceable State Operating Permit No.:
F039-30035-00710.
3.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
Mr.
Paul Karkiewicz, Compliance and Enforcement Manager |
Compliance
and Enforcement Branch – Mail Code 61-53 |
Indiana
Department of Environmental Management |
100
North Senate Avenue |
Indianapolis,
IN 46204-2251 |
4.
Respondent
is assessed and agrees to pay a civil penalty of Six Thousand Five Hundred
Sixty-Two Dollars and Fifty Cents ($6562.50).
The civil penalty shall be paid in the following manner: Eleven (11) equal
payments of Five Hundred Forty-Six Dollars ($546.00) and one (1) payment of
Five Hundred Fifty-Six Dollars and Fifty Cents ($556.50). The first payment shall be due and payable to
the Environmental Management Specialty Fund within thirty (30) days of the
Effective Date; the 30th day being the “Due Date”. Each of the subsequent eleven (11) payments
shall be due within thirty (30) days of the preceding payment. Interest shall accrue on unpaid amounts at
the rate established by IC 24-4.6-1-101.
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
– Mail Code 50-10C |
100
North Senate Avenue |
Indianapolis,
IN 46204-2251 |
6.
This
Agreed Order shall apply to and be binding upon Respondent and its successors
and assigns. Respondent’s signatories to
this Agreed Order certify that they are fully authorized to execute this Agreed
Order and legally bind the party they represent. No change in ownership, corporate, or
partnership status of Respondent shall in any way alter their status or
responsibilities under this Agreed Order.
7.
In
the event that the monies due to IDEM pursuant to this Agreed Order are not
paid on or before their Due Date, Respondent shall pay interest on the unpaid
balance at the rate established by IC 24-4.6-1.
The interest shall be computed as having accrued from the Due Date until
the date that Respondent pays any unpaid balance. Such interest shall be payable to the
Environmental Management Special Fund, and shall be payable to IDEM in the
manner specified in Paragraph 5, above.
8.
In
the event that any terms of this 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 this Agreed Order did not contain the invalid terms.
9.
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 is not and shall not be interpreted to be a permit or a
modification of an existing permit. This
Agreed Order, and IDEM’s review or approval of any submittal made by Respondent
pursuant to this Agreed Order, shall not in any way relieve Respondent of their
obligation to comply with the requirements of their applicable permit or any
applicable Federal or State law or regulation.
11.
Complainant
does not, by its approval of this Agreed Order, warrant or aver in any manner
that Respondent’s compliance with any aspect of this Agreed Order will result
in compliance with the provisions of any permit, order, or any applicable
Federal or State law or regulation.
Additionally, IDEM or anyone acting on its behalf shall not be held
liable for any costs or penalties Respondent may incur as a result of
Respondent’s efforts to comply with this Agreed Order.
12.
Nothing
in this Agreed Order shall prevent or limit IDEM’s rights to obtain penalties
or injunctive relief under any applicable Federal or State law or regulation,
except that IDEM may not, and hereby waives its right to, seek additional civil
penalties for the same violations specified in the NOV.
13.
Nothing
in this Agreed Order shall prevent IDEM or anyone acting on its behalf from
communicating with the EPA or any other agency or entity about any matters
relating to this enforcement action.
IDEM or anyone acting on its behalf shall not be held liable for any
costs or penalties Respondent may incur as a result of such communications with
the EPA or any other agency or entity.
14.
This
Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter
to Respondent.
TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Bravo Trailers |
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By: |
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By: |
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Lynne
J. Sullivan, Chief |
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Printed: |
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Compliance
and Enforcement Section 2 |
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Title: |
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Office
of Air Quality |
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COUNSEL
FOR RESPONDENT: |
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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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2012. |
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For
the Commissioner |
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Signed
on July 3, 2012 |
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Keith
Baugues, Assistant Commissioner |
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Office
of Air Quality |
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Indiana
Department of Environmental Management |
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