STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) CAUSE NO. 2004-13781-A
)
JANCO COMPOSITES, d.b.a. )
JANCO PRODUCTS, 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 (hereinafter referred to as "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 Janco Composites, Inc., d.b.a. Janco Products, Inc. (hereinafter referred to as "Respondent"), which owns and operates a fiberglass-reinforced plastic-products manufacturing facility at 920 South Logan Street, Mishawaka, Indiana.
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.
4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:
|
Douglas Jaques, President |
Edson Jaques,
Registered Agent |
|
Janco Composites, Inc., d.b.a. |
Janco Composites, Inc., d.b.a. |
|
Janco Products, Inc. |
Janco Products, Inc. |
|
812 S. Logan St. |
812 S. Logan St. |
|
Mishawaka, IN 46544-4883 |
Mishawaka, IN 46544-4883 |
5. Designated representatives of IDEM conducted an investigation on January 8, 2004 of the Respondent’s fiberglass-reinforced plactic-products manufacturing facility located at 920 South Logan Street, Mishawaka, Indiana.
6. Pursuant to Part 70 Operating Permit No. T141-7550-00129, Section D.2.9, the Permittee shall perform daily inspections of paint booths PB16, PB17, PB18, PB 20A and PB 20B to verify the placement, integrity and particle loading of the dry filters. To monitor the performance of the dry filters, weekly observations shall be made of the overspray from the paint booth stacks while one or more of the booths are in operation.
7. During the January 8, 2004, investigation it was observed that the Respondent failed to perform daily inspections of paint booths PB16, PB17, PB18, PB 20A and PB 20B to verify the placement, integrity and particle loading of the dry filters, and failed to monitor the performance of the dry filters by making weekly observations of the overspray from the paint booth stacks while one or more of the booths were in operation, violations of Part 70 Operating Permit No. T141-7550-00129, Section D.2.9.
8. Pursuant to Part 70 Operating Permit No. T141-7550-00129, Section D.2.10, to document compliance with Condition D.2.9, the Permittee shall maintain a log of weekly overspray observations, daily monthly inspections, and those additional inspections prescribed by the Preventive Maintenance Plan.
9. During the January 8, 2004, investigation it was observed that the Respondent failed to maintain a log of weekly overspray observations, daily monthly inspections, and those additional inspections prescribed by the Preventive Maintenance Plan, a violation of Part 70 Operating Permit No. T141-7550-00129, Section D.2.10.
10. Pursuant to Part 70 Operating Permit No. T141-7550-00129, Section B.11., the Permittee shall annually submit an Annual Compliance Certification which addresses the status of the source’s compliance with the terms and conditions of its permit. The year 2001 and 2002 Annual Compliance Certifications received by IDEM were certified by the Respondent to be true, accurate, and complete.
11. During the January 8, 2004, investigation it was observed that the statements and information in the year 2001 and 2002 Annual Compliance Certifications submitted by the Respondent were not true, accurate, and complete, violations of Part 70 Operating Permit No. T141-7550-00129, Section B.11.
12. Pursuant to Part 70 Operating Permit No. T141-7550-00129, Section C.19, the Permittee shall submit Quarterly Compliance Monitoring Reports to affirm that the source has met all the compliance monitoring requirements stated in its permit. The Quarterly Compliance Monitoring Reports for the last calendar quarter of 2001, all four calendar quarters of 2002, and the first three calendar quarters of 2003 were certified by the Respondent to be true, accurate, and complete.
13. During the January 8, 2004, investigation it was observed that the statements and information in the Quarterly Compliance Monitoring Reports submitted by the Respondent for the last calendar quarter of 2001, all four calendar quarters of 2002, and the first three calendar quarters of 2003 were not true, accurate, and complete, violations of Part 70 Operating Permit No. T141-7550-00129, Section C.19.
14. 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 Thirteen Thousand Six Hundred Dollars ($13,600). 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.
3. Civil penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Cause 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 paragraph 2 is not paid within thirty (30) days of the Effective Date of this Agreed Order the 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.
8. 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 has complied with all terms and conditions of this Agreed Order.
TECHNICAL RECOMMENDATION: JANCO COMPOSITES, d.b.a.
Department of Environmental Management JANCO PRODUCTS, INC.:
By: _________________________ By: _________________________
David P. McIver
Chief, Air Section
Office of Enforcement Printed: ______________________
Title: ________________________
Date: ________________________ Date: ________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: _________________________ By: ________________________
Office of Legal Counsel
Department of Environmental Management
Date: _______________________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 200___.
For the Commissioner:
____signed 9/29/04_______________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs