STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

KOETTER WOODWORKING, INC.,

Respondent.

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Case No. 2018-25109-A

 

 

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 Indiana Code (“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 IC 13-13-1-1.

 

2.             Respondent is Koetter Woodworking, Inc. (“Respondent”), which owns and operates the stationary saw and millwork facility and a wood molding production plant with Plant ID No. 019-00079, located at 533 Louis Smith Road in Borden, Clark 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:

 

Koetter Woodworking, Inc.

Randall F. Koetter, Registered Agent

Attn: Gerald T. Koetter, President

Koetter Woodworking, Inc.

533 Louis Smith Road

533 Louis Smith Road

Borden, IN 47106

Borden, IN 47106

 

5.             During an investigation including a review of a permit application submitted February 16, 2017 and an inspection conducted on May 15, 2018 conducted by a representative of IDEM, the following violations were found:

 

a.       Pursuant to 326 IAC 2-7-2 and 326 IAC 2-2, Respondent is required to obtain a revised permit before constructing new facilities, modifying existing facilities, and before operating new and modified existing facilities.


Respondent constructed and operated a diesel-fired pump, a paint booth, and a gluing operation without first obtaining a revised permit, in violation of 326 IAC 2-7-2 and 326 IAC 2-2.  Respondent also incorrectly described multiple pieces of control equipment, in violation of 326 IAC 2-7-2 and 326 IAC 2-2.

 

b.       Pursuant to Part 70 Operating Permit No. 01938385-00079 (“Permit 38385”) and Part 70 Operating Permit No. 019-38218-00079 (“Permit 38218”) Condition D.1.5, Respondent is responsible for maintaining copies of the “as supplied” and “as applied” volatile organic compound (“VOC”) data sheets for all coating materials used in the paint booth.

 

Respondent failed to maintain copies of these data sheets, in violation of Permit 38385 and Permit 38218 Condition D.1.5.

 

c.              Pursuant to Permit 38385 and Permit 38218 Condition D.1.6, Respondent is responsible for performing and maintaining records of daily dry filter inspections and weekly and monthly overspray inspections.

 

Respondent failed to maintain records of daily dry filter inspections and weekly and monthly overspray inspections, in violation of Permit 38385 and Permit 38218 Condition D.1.6.

 

d.             Pursuant to Permit 38385 and Permit 38218 Condition D.1.7, Respondent is responsible for maintaining records of the VOC content of each coating material less water, the amount of each coating material and solvent used on a daily basis, and the total VOC input to the paint booth during each month and each compliance period.

 

Respondent failed to maintain records of coating VOC content, coating and solvent usage amounts, and total VOC input to the paint booth, in violation of Permit 38385 and Permit 38218 Condition D.1.7.

 

e.             Pursuant to Permit 38385 and Permit 38218, the second Condition D.1.7 (repeated by typographical error), Respondent is responsible for submitting a Quarterly Report, summarizing the information needed to document compliance status with Condition D.1.2, by no later than thirty (30) days after the end of the quarter being reported.

 

Respondent failed to submit all Quarterly Reports while these permits were in effect, from June 22, 2017 to July 9, 2018, in violation of Permit 38385 and Permit 38218, the second Condition D.1.7.

 

f.               Pursuant to Permit 38385 and Permit 38218 Condition D.1.4 in permit section D.3 (mislabeled by typographical error), Respondent is responsible for maintaining daily records of the amount of coating used for the touch-up and repair operations.

 

Respondent failed to maintain records of the amount of coating used in the touch-up and repair operations each day, in violation of Permit 38385 and Permit 38218 Condition D.1.4 in permit section D.3.

 

g.             Pursuant to Permit 38218 Conditions D.4.5 and D.4.7(b), Respondent is responsible for taking and maintaining records of the pressure drop readings across the baghouses used in conjunction with the grinding and machining operations while the grinding and machining operations are in operation.  Respondent is also responsible for maintaining weekly records or the pressure drop and, if there are no readings on a certain day, indicating the reason for the lack of readings.

 

Respondent failed to maintain records of pressure drop readings across the baghouses used with the grinding and machining operations while those processes were in operation, in violation of Permit 38218 Conditions D.4.5 and D.4.7(b).

 

h.             Pursuant to Permit 38218 Condition B.9, Respondent is responsible for submitting an Annual Compliance Certification, detailing compliance for the calendar year, by no later than April 15 of the following year.

 

Respondent failed to submit the Annual Compliance Certification for the year 2017 by April 15, 2018, in violation of Permit 38218 Condition B.9.

 

i.               Pursuant to Part 70 Operating Permit No. 019-34548-00079 (“Permit 34548”), Permit 38385, and Permit 38218 Condition C.16, Respondent is responsible for submitting a Quarterly Deviation and Compliance Monitoring Report, detailing compliance for the quarter, by no later than thirty (30) days after the end of the quarter being reported.

 

Respondent failed to submit all Quarterly Deviation and Compliance Monitoring Reports while these permits were in effect, from October 7, 2014 to July 9, 2018, in violation of Permit 34548, Permit 38385, and Permit 38218 Condition C.16.

 

6.       Respondent was issued Part 70 Operating Permit No. 019-38218-00079 on July 10, 2017, which includes the previously unpermitted diesel-fired pump, paint booth, and gluing operation.

 

7.             Respondent was issued Part 70 Operating Permit No. 019-39999-00079 on November 9, 2018, which corrected the previously incorrect control equipment descriptions.

8.             Orders of the Commissioner are subject to administrative review by the Office of Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement reached, Respondent acknowledges notice of this right and 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 the rules and permit conditions listed in the findings of fact above.

 

3.             All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

 

Clare Parker, Enforcement Case Manager

Office of Air Quality

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 Fifteen Thousand Dollars ($15,000.00).  Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the 30th day being the “Due Date”.

 

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:

 

Indiana Department of Environmental Management

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

Indianapolis, IN 46204

 

6.             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.

 

7.             Signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.

 

8.             This Agreed Order shall apply to and be binding upon Respondent and all successors and assigns. Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners, successors, or assigns before ownership rights are transferred.

 

9.             No change in ownership, corporate, or partnership status of Respondent shall in any way alter the Respondent’s status or responsibilities under this Agreed Order.

 

10.          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.          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.

 

12.          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 the obligation to comply with the requirements of any applicable permits or any applicable Federal or State laws or regulations.

 

13.          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.

 

14.          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 violations specified in the NOV.

 

15.          Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the U.S. Environmental Protection Agency (“U.S. 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 U.S. EPA or any other agency or entity.

 

16.          This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order and IDEM has issued a Resolution of Case letter to Respondent.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Koetter Woodworking, Inc.

 

 

 

By:

 

 

By:

 

 

David P. McIver, Chief

 

Printed:

 

 

Enforcement Section

 

Title:

 

 

Office of Air Quality

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

COUNSEL FOR COMPLAINANT:

 

COUNSEL FOR RESPONDENT:

For the Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

 

 

 

 

 

Deputy Attorney General

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2020.

 

 

For the Commissioner:

 

 

 

Signed on March 18, 2020

 

Matthew Stuckey Deputy Assistant

 

Commissioner

 

Office of Air Quality