STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. )CAUSE NO. A-4423 or 1998-3403-A
)
TROPHY HOLDINGS, INC., d/b/a )
FREEMAN PRODUCTS, INC. )
. )
)
Respondents, )
AGREED ORDER
The Complainant and the Respondents 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 (hereinafter referred to as "Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.
2. Trophy Holdings, Inc., d/b/a Freeman Products, Inc. (hereinafter referred to as "Trophy"), owns and operates a trophy parts manufacturing facility at 888 S. CR 300 E., Knox, Indiana.
On February 10, 1995, Trophy Holdings, Inc. entered into an Asset Acquisition Agreement with Freeman Products, Inc., Texas Freeman Products (a wholly owned subsidiary of Freeman Products, Inc.) and Avnet, Inc. (owner of all the outstanding capital stock of Freeman Products, Inc.) to purchase the Freeman Products, Inc. trophy manufacturing facility located at 888 S. CR 300 E., Knox, Indiana.
4. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.
5. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:
David Hoffman Carole Stern
Trophy Holdings, Inc., d/b/a Oppenheimer, Wolff,
Freeman Products, Inc. Donnelly & Bayh LLP
135 East 57th Street, 1350 Eye Street N. W.
27th Floor Washington, D. C. 20005-3324
New York, NY 10022-2032
Roy A. Valle Corporation Service Co.
President Registered Agent for:
Avnet, Inc. Trophy Holdings, Inc.
2211 S. 47 Th St. 251 E. Ohio St., Suite 50
Phoenix, AZ 85034 Indianapolis, IN 46204
6. Rule 326 IAC 8-1-6 requires that facilities constructed after January 1, 1980 with the potential to emit 25 tons per year of Volatile Organic Compounds (VOC) and not otherwise regulated by provisions of Rule 326 IAC 8 shall reduce VOC emissions using best available control technology (BACT).
7. This violation is based on the fact that the Freeman Products, Inc., Knox , IN facility had VOC emissions in excess of 25 tons per year in 1995, 1996 and 1997 prior to installing BACT, violations of Rule 326 IAC 8-1-6. A thermal oxidizer, BACT for this facility, was installed in July of 1997 and became operational several weeks later.
8. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.
This Order resolves all violations cited in Notice of Violation, A-4423 issued on April 15, 1999.
II. ORDER
1. This Agreed Order shall be effective ("Effective Date") when it is approved by the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
2. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Craig Henry, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
3. Respondent is assessed a civil penalty of Thirty Thousand Dollars ($30,000.00). This penalty reflects a significant reduction by IDEM based upon evidence submitted by the Respondent which adequately demonstrated an inability to pay a penalty in the amount commensurate with the violations. The Respondent shall make four (4) payments of seven thousand five hundred dollars ($7,500.00) each.
The first installment of the civil penalty shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date of this Agreed Order. Each subsequent installment shall be due in ninety (90) day intervals.
4. Civil penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Cause Number of this action and shall be mailed to:
Cashier
IDEM
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
5. In the event that the civil penalty required by paragraph 3 is not paid within thirty (30) days of the Effective Date of this Agreed Order, the Respondents 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.
6. This Agreed Order shall apply to and be binding upon the Respondent, their officers, directors, principals, agents, successors, subsidiaries, 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 their status or responsibilities under this Agreed Order.
7. 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.
8. The Respondents shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. The Respondents shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.
9. This Agreed Order shall remain in effect until the Respondent has complied with all terms and conditions of this Agreed Order.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management Trophy Holdings, Inc., d/b/a
Freeman Products, Inc.
By: _________________________ By: _________________________
David P. McIver
Chief, Air Section
Office of Enforcement Printed: ______________________
Title: ________________________
Date: ________________________ Date: ________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: _________________________ By: ________________________
Office of Legal Counsel
Department of Environmental Management
Date: _______________________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 199___.
For the Commissioner:
Adopted August 28, 2000
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
3.4. 1. 1.