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. 2001-10800-A
)
MOSSBERG & COMPANY, INC., )
)
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.
I. FINDINGS OF FACT
1. Complainant is the Commissioner (AComplainant@) of the Indiana Department of Environmental Management, a department of the State of Indiana created by
IC 13-13-1-1.
2. Respondent is Mossberg & Company, Inc. (ARespondent@), which owns and operates offset and flexographic printing presses, located at 301 East Sample Street, St. Joseph County, South Bend, Indiana ("Site").
3. The Indiana Department of Environmental Management (AIDEM@) has jurisdiction over the parties and the subject matter of this action.
4. Pursuant to IC 13-30-3-3, on December 12, 2001, IDEM issued a Notice of Violation via Certified Mail to:
Mr. James W. Hillman, President Mr. Charles W. Hillman, Registered Agent 1404 Ridgedale Road 3904 Nall Court
South Bend, Indiana 46614 South Bend, Indiana 46614
5. A representative of IDEM conducted a record review on May 9, 2001. The following violations was in existence at the time of the record review:
a. Pursuant to 326 IAC 2-6-3, the owner or operator of any facility in Clark, Elkhart, Floyd, Lake, Marion, Porter, St. Joseph or Vanderburgh County with the potential to emit volatile organic compounds (VOCs) or oxides of nitrogen (NOx) at levels greater than ten (10) tons per year annually shall submit an emission statement to the Commissioner by April 15 of the following year. This source failed to submit your emission statement for 1998 by April 15, 1999, 1999 by April 15, 2000 and 2000 by April 15, 2001, a violation of 326 IAC 2-6-3.
6. The violation of 326 IAC 2-6.1-2, as cited on the December 12, 2001 Notice of Violation, will not be pursued.
7. The respondent submitted the emission statements for 1998, 1999 and 2000 on January 4, 2002.
8. In recognition of the settlement reached, Respondent 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 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 Three Thousand and Six Hundred Dollars ($3,600). 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.
3. 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:
Cashier
IDEM
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
4. In the event that the civil penalty required by Order 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 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.
6. 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.
7. 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.
8. 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
By: _________________________ By: _________________________
David P. McIver
Chief, Air Section Printed: ______________________
Office of Enforcement
Title: ________________________
Date: ________________________ Date: ________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: _________________________ By: ________________________
Jay Rodia, Attorney
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 October 22, 2002
___________________________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs