STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) Case No. 2001-10332-A
)
API CONSTRUCTION CORPORATION )
)
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. 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.
1. Complainant is the Commissioner ("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 API Construction Corporation ("Respondent"), operates a stationary asphalt plant located at 1633 County Road 72, in La Otto, Dekalb county, Indiana ("Site").
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, on February 14, 2002 IDEM issued a Notice of Violation via Certified Mail to:
Mr. Kirk Braun, President Mr. Kirk Braun, President
API Construction Corp. API Construction Corp.
11213 Shalimar Drive P.O. Box 191
Ft. Wayne, Indiana 46845 La Otto, Indiana 46763
5. A records review, on August 31, 2000 was conducted by a representative of IDEM's Office of Air Quality (OAQ). The following violations were in existence or observed at the time of this records review:
A. Pursuant to permit condition B.11of the Part 70 permit number T033-6270-00055, this facility, an asphalt plant, must submit an annual compliance certification with terms and conditions of the Part 70 permit as required in 326 IAC 2-7-6(5), by July 1 of each year to cover the time period from January 1 to December 31 of the previous year. The facility failed to submit the annual compliance certification for the year 1999 by July 1, 2000, a violation of the Part 70 permit condition..
6. The annual compliance certification was received by IDEM on March 16, 2001.
7. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed 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. Respondent shall comply with permit condition B.11 of the Part 70 permit number T033-6270-00055.
3. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Amy L. Moreland, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
4. Respondent is assessed a civil penalty of Three Thousand Four Hundred Dollars ($3,400). The civil penalty shall be paid in the following manner: six month payment plan consisting of two (2) monthly installments of Five Hundred Sixty-Six Dollars and sixty-six cents ($566.66), and four (4) monthly installments of Five Hundred Sixty-Six Dollars and sixty-seven cents ($566.67). The first installment shall be made within 30 days of the Effective Date of this Agreed Order, all following installments are due no later than the 30th of each month thereafter until paid in full. Said penalty amount shall be due and payable to the Environmental Management Special Fund.
5. Civil penalty is payable by check to the Environmental Management Special Fund. Checks shall include the Case Number (2001-10332-A) of this action and shall be mailed to:
Cashier
IDEM
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
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: RESPONDENT:
Department of Environmental Management API Construction Corporation
By: _______________________ By: _________________
David P. McIver
Chief, Air Enforcement Section Printed:_________________
Office of Enforcement
Title: _________________
Date:_______________________ Date: _________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By:_______________________ By: __________________ Jay Rodia
Office of Legal Counsel
Department of Environmental Management
Date: _____________________ Date:___________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS______ DAY OF ______________, 2002.
For the Commissioner:
Signed on August 22, 2002
_______________________ Felicia A. Robinson
Deputy Commissioner
For Legal Affairs