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. 2003-13501-A
					)
Creation Windows, Inc.,					)
d.b.a. Atwood Mobile Products-					)
Elkhart Operations #1,					)
					)
	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. Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein. Respondent’s entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding, except a proceeding to enforce this 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 Creation Windows, Inc. d.b.a. Atwood Mobile Products - Elkhart Operations #1 (ARespondent@), which owns and operates a truck caps, RVs, and fabricated homes windows manufacturing facility, with federal ID No. 039-00230, located at 53061 Ada Drive in Elkhart, Indiana, Elkhart County (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 March 10, 2004, IDEM issued a Notice of Violation via Certified Mail to:

Mr. William G. Bugg, President	CT Corporation System, Registered Agent
Creation Windows, Inc.	for Creation Windows, Inc.
601 CR 17	36 South Pennsylvania Street, Suite 700
Elkhart, IN 46516	Indianapolis, IN 46204

5. An investigation was conducted at the Site by a representative of IDEM=s Office of Air Quality (OAQ). The following violations were in existence at the time of this investigation:

A. Pursuant to 326 IAC 2-7-3, no Part 70 source may operate after the time that it is required to submit a timely and complete application except in compliance with a Part 70 permit issued under this rule. A source can continue to operate without being in violation of this rule if it submits a timely and complete application. This source operated without submitting a timely and complete Part 70 permit application, a violation of 326 IAC 2-7-3.

B. Pursuant to 326 IAC 2-7-4 a timely Part 70 application is one that is received within twelve (12) months after the source becomes subject to the Part 70 permit program. For applicable sources in existence on December 14, 1995, the deadline is December 13, 1996. For other sources, the deadline is twelve (12) months from the date the source first meets an applicability criterion of section 2 of this rule. This source failed to submit a timely Part 70 application because this source’s Part 70 permit application was received on January 11, 2002, after the December 13, 1996 submission deadline, a violation of 326 IAC 2-7-4.

C. Pursuant to 326 IAC 2-5.5-1, a source or facility which has potential emissions less than twenty-five (25) tons per year, but greater than five (5) tons per year of particulate matter (PM) or PM₁₀; less than twenty-five (25) tons per year, but greater than ten (10) tons per year of sulfur dioxide, nitrogen oxides; volatile organic compounds that do not have to comply with 326 IAC 8; less than twenty-five (25) tons per year, but greater than five (5) tons per year of volatile organic compounds that have to comply with 326 IAC 8; less than one hundred (100) tons per year, but greater than twenty-five (25) tons per year of carbon monoxide; less than five (5) tons per year, but greater than two tenth (0.2) of a tons per year of lead; less than twenty-five tons per year, but greater than five (5) tone per year of hydrogen sulfide, total reduced sulfur, reduced sulfur compounds, and fluorides; shall apply for and obtain a registration from the commissioner prior to commencing construction, operation, or modification of a new or existing facility. A facility located at this source, and designated as Plant #4, was relocated to, constructed, and commenced operations at the Ada Drive location without first applying for and obtaining a registration, a violation of 326 IAC 2-5.5-1(c).

6. Respondent submitted a Part 70 permit application on January 11, 2002. A federally enforceable state operating permit (FESOP) No. F039-15413-00230 was issued on October 17, 2003.

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 all the terms and conditions set forth in FESOP No. F039-15413-00230 and all of its subsequent amendments and modifications..

3. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

Mr. Michael Stonik, 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 Fifty-Five Thousand Dollars ($55,000.00). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (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 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

6. In the event that the civil penalty required by Order paragraph 4 of this Agreed Order 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 Respondent has complied with all terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management				Creation Windows, Inc.
By:	______________________________			By:		______________________________
	David P. McIver			Printed:		______________________________
	Chief, Air Section			Title:		______________________________
	Office of Enforcement
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 January 31, 2005

Linda Runkle

Assistant Commissioner