STATE OF INDIANA    )            BEFORE THE INDIANA DEPARTMENT                 )        SS:    OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION    )

COMMISSIONER OF THE DEPARTMENT    )
OF ENVIRONMENTAL MANAGEMENT,    )
                            )
            Complainant,            )
                            )     CAUSE NO. A-3084
            v.                )    CAUSE NO. A-3130
                            )
GOLD SHIELD OF INDIANA, INC.,        )
                            )
            Respondent.            )

    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.

    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.    Respondent is Gold Shield of Indiana, Inc. ("Respondent"), who owns and operates the fiberglass parts manufacturing plant located at 2004 Patterson Street, located in Decatur, Indiana.

    3.    The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.

    5.    Rule 326 IAC 2-1 requires that a source or facility which has potential emissions of twenty-five (25) tons or more per year of any regulated pollutant apply for and obtain construction and operating permits prior to commencing construction and operation.

    6.    On November 28, 1994, IDEM received a permit application from Gold Shield of Indiana, Inc., to construct and operate a fiberglass parts manufacturing and coating facility located at 2709 Patterson Street, in Decatur, Indiana. However, construction of this facility commenced on January 1, 1994, and operation commenced on February 7, 1994, prior to the issuance of construction and operation permits, violations of 326 IAC 2-1-3 and 326 IAC 2-1-4 respectively.

    7.    Operation condition No. 4 of Construction Permit No. CP (01) 1805, establishes a limit of 1.56 tons of Volatile Organic Compounds (VOCs) emissions per month for stacks B3 and B4.

    8.    A review of the third and fourth quarter quarterly reports from 1994, submitted by the Respondent, revealed three (3) exceedances of the VOC emission limit at stacks B3 and B4, as specified in operation condition No. 4 of permit No. CP (01) 1805. According to these reports, the VOC emissions from stacks B3 and B4 for the months of August, September, and October 1994, were 2.7 tons, 2.3 tons, and 2.9 tons, respectively, violations of the operation permit for this facility. The aforementioned permit condition limits VOC emissions from these stacks to 1.56 tons per month.

    9.    After the discovery of the exceedances Respondent created an Environmental Coordinator position. This individual ensures that all permits are posted, permit conditions are followed and that all recordkeeping requirements are met. The coordinator is also responsible for submitting permit applications as required by state and federal regulations.

    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.    Respondent is assessed a civil penalty of Seven Thousand Five Hundred Dollars ($7500). 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.

    3.    The civil penalty is 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
            P.O. Box 7060
            Indianapolis, Indiana 46206-7060.
    
    4.    In the event that the civil penalty required by paragraph 2 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.

    5.    This Agreed Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, and assigns. The signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order 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.

By:             By:
    Patrick Carroll
    Office of Enforcement                     Printed:

                                    Title:

Date:             Date:

COUNSEL FOR COMPLAINANT:            COUNSEL FOR RESPONDENT:
Department of Environmental Management

By:             By:
Office of Legal Counsel

Date:             Date:

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

THIS 12th DAY OF June , 1997 .

                    
                    Patrick Carroll
                    Director
                    Office of Enforcement

Converted by Andrew Scriven