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. 2001-10675-A
)
BODOR CORPORATION d/b/a )
EXPLORER VAN COMPANY )
Respondent. )
AGREED ORDER
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 ("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 Bodor Corporation d/b/a Explorer Van Company (ARespondent@), which is an industry located at US 30 & Fox Farm Road, in Warsaw, Kosciusko County, Indiana (ASite@).
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 January 18, 2002, IDEM issued a Notice of Violation, via Certified Mail to:
Robert H. Kesler, President Robert H. Kesler, Registered Agent
Bodor Corporation d/b/a Bodor Corporation d/b/a
Explorer Van Company Explorer Van Company
P.O. Box 4527 US 20 West & Fox Farm Road
Warsaw, Indiana 46581 Warsaw, Indiana 46580
5. Pursuant to IC 13-30-3-3, on April 15, 2002, IDEM issued an Amended Notice of Violation, via Certified Mail to:
Robert H. Kesler, President Robert H. Kesler, Registered Agent
Bodor Corporation d/b/a Bodor Corporation d/b/a
Explorer Van Company Explorer Van Company
P.O. Box 4527 US 20 West & Fox Farm Road
Warsaw, Indiana 46581 Warsaw, Indiana 46580
6. A records review, on July 2, 2001, was conducted by a representative of IDEM's Office of Air Quality (OAQ). The following violation was in existence or observed at the time of this:
a. Pursuant to Part 70 Permit # T085-7436-00074, condition B.11 requires Bodor Corp. to submit an annual compliance certification that must be received by July 1 of the following year. This facility/source failed to submit an annual compliance certification for 2000 by July 1, 2001, a violation of the aforementioned permit condition.
7. IDEM received Respondent's annual compliance certification for 2000 on November 26, 2001.
8. IDEM received Respondent's annual emission statement for 2000 on August 14, 2001.
9. 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 conditions B.11 and C.17 of Title V, permit 085-7436-00074.
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 Two Hundred Dollars ($3,200). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date of this Agreed Order.
5. Civil and stipulated penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Case Number (2001-10675-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 the civil penalty is paid in full.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management Bodor Corporation d/b/a
Explorer Van Company
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 August 6, 2002
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
cc: Jean Bauer, US EPA Region 5
Amy L. Moreland, Office of Enforcement
Jay Rodia, Office of Legal Counsel
Michele Boner, Technical Support & Modeling/OAQ
Imelda Boatman, Air Compliance Branch
Kosciusko County Health Department
Doyle Houser, Northern Regional Office/OAQ
OAQ public file
Enforcement File
www.IN.gov/idem