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. 2002-11611-A

                                                                                    )           Case No. 2002-12477-A

VERITRANS SPECIALTY VEHICLES, 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 ("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 Veritrans Specialty Vehicles, Inc. ("Respondent"), which owns and operates the bus and ambulance fabrication and assembly plant, located at 1110 D. I. Drive, in Elkhart, Elkhart 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 July 17, 2003, IDEM issued a Notice of Violation, for Case No. 2002-11611-A, via Certified Mail to:

William L. Warrick, Registered Agent

William L. Warrick, President

Warrick Industries, Inc.

Warrick Industries, Inc.

26535 US 6 East

1110 D. I. Drive

Nappanee, IN 46550

Elkhart, IN 46514


5. Pursuant to IC 13-30-3-3, on March 6, 2003, IDEM issued a Notice of Violation, for Case No. 2002-12477-A, via Certified Mail to:

Mike Gaudini, President

CT Corporation System, Registered Agent

Veritrans Specialty Vehicles, Inc.

for Veritrans Specialty Vehicles, Inc.

7619 Brigham Rd.

36 S. Pennsylvania Street, Suite 700

Gates Mills, Ohio 44040

Indianapolis, Indiana 46204


6. Pursuant to IC 13-30-3-3, IDEM issued an Amended Notice of Violation via Certified Mail to:

 

Mike Gaudini, President

CT Corporation System, Registered Agent

Veritrans Specialty Vehicles, Inc.

for Veritrans Specialty Vehicles, Inc.

7619 Brigham Rd.

36 S. Pennsylvania Street, Suite 700

Gates Mills, Ohio 44040

Indianapolis, Indiana 46204


7. A records review was conducted by representatives of IDEM's Office of Air Quality ("OAQ"). The following violations were in existence or observed at the time of this review.

 

  • Pursuant to 326 IAC 2-1.1-11, the commissioner may require stack testing, monitoring, or reporting at any time to assure compliance with all applicable requirements. This section applies to all sources issued a registration, permit, modification approval, or permit revision under this article. Pursuant to condition B.11 of Part 70 Permit No. T039-7745-00508, issued under 326 IAC 2-7, this facility, a bus and ambulance fabrication and assembly plant, must submit an annual compliance certification report which addresses the status of the source's compliance with the terms and conditions of the Part 70 permit, as required by 326 IAC 2-7-6(1), by April 15 of each year to cover the time period from January 1 to December 31 of the previous year. This facility failed to submit the annual compliance certification for the year 2001 by April 15, 2002, a violation of this Part 70 permit condition.
  • Pursuant to 326 IAC 2-6-3, the owner or operator of any facility in Elkhart County with the potential to emit volatile organic compounds (VOCs) or oxides of nitrogen (NOx) into the ambient air at levels equal to or greater than ten (10) tons per year shall annually submit an emission statement to the Commissioner by April 15 of the following year. This source failed to submit its emission statement for 2001 by April 15, 2002, a violation of 326 IAC 2-6-3.
  • Pursuant to 326 IAC 2-1.1-11, the commissioner may require stack testing, monitoring, or reporting at any time to assure compliance with all applicable requirements. This section applies to all sources issued a registration, permit, modification approval, or permit revision under this article. Pursuant to condition C.19 and B.1.7 of Part 70 Permit No. T039-7745-00508, issued under 326 IAC 2-7, the source shall submit a Quarterly Compliance Monitoring Report, which shall include a summary of the information to document compliance with Condition D.1.1(a) of this Part 70 Permit. This quarterly report shall be submitted to IDEM within thirty (30) days of the end of the reporting period. This source failed to submit this Quarterly Compliance Monitoring Report for the fourth quarter of 2001 and the first quarter of 2002 by the respective due dates, violations of Part 70 Permit No. T039-7745-00508, cond. C.19.

8. Respondent ultimately submitted the delinquent reports specified in paragraph 7 above, and IDEM confirms that these reports have been received.

 

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 shall comply with all terms and conditions of Part 70 Permit T039-7745-00508.

3. Respondent is assessed a civil penalty of Seven Thousand Dollars ($7,000). 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.

4. 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

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060


5. In the event that the civil penalty required by Order paragraph 3 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.


6. 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.


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 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.


9. This Agreed Order shall remain in effect until Respondent complies with the terms and conditions of Order paragraph 3.



TECHNICAL RECOMMENDATION:                       RESPONDENT:

Department of Environmental Management                    Veritrans Specialty Vehicles, Inc.



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: ________________________

Office of Legal Counsel



Date: _______________________                             Date: ______________________





APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 20__.





For the Commissioner:





(Signed on May 25, 2004)_

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs