) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) Case No. 2002-11717-A
)
INDIANA VENEER PRODUCTS, INC. )
A DIVISION OF HARRIS-TARKETT, 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 Indiana Veneer Products, Inc, a division of Harris-Tarkett,
Inc. ("Respondent"), which owns and operates the stationary oak veneer
floor manufacturing plant, with ID # 009-00023, located at 890 West Huntington,
in Montpelier, Blackford 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, IDEM issued a Notice of Violation via Certified
Mail to:
James Morando, President C T Corporation, Registered Agent
Indiana Veneer Products, Inc. C/O Indiana Veneer Products, Inc.
Division of Harris-Tarkett, Inc. Division of Harris-Tarkett, Inc.
321 South Columbia 36 S. Pennsylvania Street, Suite 700
Mountpelier, Indiana 47359 Indianapolis, Indiana 46204
5. A records review, on July 1, 2002, 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 326 IAC 2-6-3, the owner or operator of any facility with the potential to emit carbon monoxide (CO), volatile organic compounds (VOCs), oxides of nitrogen (NOx), particulate matter (PM10), or sulfur dioxide (SO2) into the ambient air at levels equal to or greater than one hundred (100) tons per year shall annually submit an emission statement to the Commissioner by July 1 of the following year. This facility/source failed to submit your emission statement for 1999 by July 1, 2000, a violation of 326 IAC 2-6-3.
6. It should be noted that the violation was for the 2001 emission data that was to be submitted by July 1, 2002, the aforementioned Notice of Violation and Proposed Agreed Order contained a error that should be disregarded.
7. 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 326 IAC 2-6-3 that requires the Respondent
to submit a emission statement by July 1st of the next year.
3. The Respondent must submit to IDEM the 1999 emission statement within
10 days of the effective date of this order.
4. All submittals required by this Agreed Order, unless notified otherwise
in writing, shall be sent to:
Melissa Farrington, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
5. Respondent is assessed a civil penalty of One Thousand Two Hundred
Dollars ($1,200). 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.
6. In the event the terms and conditions of the following paragraphs
are violated, the Complainant may assess and the Respondent shall pay a
stipulated penalty in the following amount:
Violation Penalty
Failure to comply with Order paragraph $100 per ten (10) day period after
three (3) due date
7. Stipulated penalties shall be due and payable within thirty (30)
days after Respondent receives written notice that the Complainant has
determined a stipulated penalty is due. Assessment and payment of stipulated
penalties shall not preclude the Complainant from seeking any additional
relief against the Respondent for violation of the Agreed Order. In lieu
of any of the stipulated penalties given above, the Complainant may seek
any other remedies or sanctions available by virtue of Respondent's violation
of this Agreed Order or Indiana law, including, but not limited to, civil
penalties pursuant to IC 13-30-4.
8. Civil and stipulated 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
9. In the event that the civil penalty required by Order paragraph five
(5) 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.
10. 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.
11. 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.
12. 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.
13. 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 Indiana Veneer Products, Inc. a Division of
Harris-Tarkett, Inc.
By: By: Tony McCoin
David P. McIver
Chief, Air Section Printed: Tony McCoin
Office of Enforcement
Title: Operations Manager
Date: signed October 4, 2002 Date: March 7, 2003
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: Mary Ann Habeeb By:
Office of Legal Counsel
Department of Environmental
Management
Date: Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS 17 DAY OF March , 2003.
For the Commissioner:
Signed 3/17/03
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs