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. 2002-12484-A
)
MARBLE WORKS OF INDIANA, 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 Marble Works of Indiana, Inc. (ARespondent@), which owns and operates a stationary facility for the application of gel coat with resin fill and finishing of cultured sinks, tubs and counter tops located at 1701 North Curry Pike, Bloomington, Monroe County, Indiana (ASite@).
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 January 3, 2003, IDEM issued a Notice of Violation via Certified Mail to:
Mr. Thomas J. Wienckowski Mr. Geoffrey M. Grodner
Incorporator Registered Agent
Marble Works of Indiana, Inc. for Marble Works of Indiana, Inc.
225 Southwick Mallor Clendening Grodner & Schaumburg, Illinois 60173 Bohrer
511 Woodcrest Drive
P.O. Box 5787
Bloomington, Indiana 47407
5. A records review, on June 17, 2002, 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 review:
a. Pusuant to Operation Permit No. F105-10850-00035 ("Permit"), Section B.12 (Annual Compliance Certification) the permittee shall annually submit a compliance certification report to the Commissioner by April 15 of the following year. This facility/source failed to timely submit an Annual Compliance Certification for 2001 by April 15, 2002, a violation of Section B.12 of the Permit.
6. The Respondent submitted the Annual Compliance Certification for 2001 on December 11, 2002.
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 is assessed a civil penalty of Three Thousand and Four Hundred Dollars ($3,400). The civil penalty shall be paid in the following manner: six-month payment plan consisting of one (1) monthly installment of Five Hundred and Seventy Dollars ($570) and five (5) monthly installments of Five Hundred and Sixty Six Dollars ($566). Said penalty amount shall be due and payable to the Environmental Management Special Fund. 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.
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
Indiana Department of Environmental Management
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 in accordance with the payment schedule set forth in Section II, Paragraph 2, 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 Marble Works of Indiana, 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: ________________________
Mary Ann Habeeb
Office of Legal Counsel
Date: _______________________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 200 .
For the Commissioner:
Signed October 28, 2003
___________________________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs