STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

Janco Composites, Inc.,

Respondent.

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Case No. 2008-17600-A

 

 

AGREED ORDER

 

Complainant and 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 (“IDEM”), a department of the State of Indiana created by Indiana Code (“IC”) 13-13-1-1.

 

2.                  Respondent is Janco Composites, Inc., d/b/a Janco Products, Inc., (“Respondent”), which owns and operates the fiberglass reinforced tube manufacturing plant with Plant I.D. No. 141-00129 located at 920 South Logan Street in Mishawaka, St. Joseph County, Indiana (“Site”).

 

3.                  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 (NOV) on May 9, 2008 via Certified Mail to:

 

Douglas Jaques, President and Registered Agent

Janco Composites, Inc., d/b/a Janco Products, Inc.

920 South Logan Street

Mishawaka, Indiana  46544

 

5.                  During an investigation including an inspection on October 3, 2007, conducted by a representative of IDEM, the following violations were found:

 

a.         Pursuant to Condition D.1.2 of Part 70 Operating Permit Renewal No. 141-19049-00129 (“Permit”) and 326 IAC 20-56-2, as of April 21, 2006, Respondent shall train all new and existing personnel, including contract personnel, who are involved in pultrusion operations that could result in excess emissions if performed improperly.  Pursuant to Condition D.1.3 of the Permit and 326 IAC 20-56-2, Respondent shall maintain a copy of the current training program and a list of current personnel required to be trained along with records of the date the person was last trained.

 

Respondent failed to have a copy of a training program for personnel involved in pultrusion operations, a list of said personnel currently employed, and records of any training conducted prior to October 5, 2007, in violation of Conditions D.1.2 and D.1.3 of the Permit and 326 IAC 20-56-2.

 

b.         Pursuant to Conditions D.1.5 and D.1.6 of the Permit, 326 IAC 20-56 and 40 CFR 63.5800, Respondent shall comply with the standards of 40 CFR 63, Subpart WWWW, by April 21, 2006.  Pursuant to Condition D.1.5 of the Permit and 40 CFR 63.5805, Respondent shall reduce the total HAP emissions from the pultrusion operations by at least 60 percent by weight.  Pursuant to Conditions D.1.5 and D.1.6 of the Permit and 40 CFR 63.5830, to meet the 60 weight percent reduction of total HAP emissions required in 40 CFR 63.5805, Respondent shall design, install, and operate wet area enclosures and resin drip collection systems on the pultrusion machines that meet the criteria in 40 CFR 63.5830 paragraphs (b)(1) through (10).

 

Respondent failed to install and operate adequate wet area enclosures and resin drip collection systems on pultrusion machines that meet the criteria in 40 CFR 63.5830 and failed to demonstrate compliance with the requirement to reduce the total HAP emissions from the pultrusion operations by at least 60 percent by weight by April 21, 2006, in violation of Conditions D.1.5 and D.1.6 of the Permit, 326 IAC 20-56 and 40 CFR 63, Subpart WWWW.

 

6.                  During October and November of 2007 Respondent designed, fabricated and installed additional enclosures to further reduce open space in “wet” areas and the resin collection portions of the pultrusion lines at the site.

 

7.                  In recognition of the settlement reached, Respondent waive any right to administrative and judicial review of this Agreed Order.

 

II.  ORDER

 

1.                  This Agreed Order shall be effective (“Effective Date”) three (3) business days after the date this Agreed Order is signed by the Commissioner or the Commissioner’s delegate.  This Agreed Order shall have no force or effect until the Effective Date.

 

2.                  Respondent shall comply with Conditions D.1.2, D.1.3, D.1.5 and D.1.6 of the Permit, 326 IAC 20-56-2 and 40 CFR 63, Subpart WWWW.

 

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

 

Janusz Johnson, Enforcement Case Manager

Office of Enforcement – Mail Code 60-02

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

4.                  Respondent is assessed a civil penalty of Fourteen Thousand Three Hundred Sixty dollars ($14,360).  Said penalty amount shall be due and payable to the Environmental Management Special Fund within forty-five (45) days of the Effective Date.  In the event that the civil penalty is not paid within forty-five (45) days of the Effective Date, 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.                  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:

 

Indiana Department of Environmental Management

Cashier – Mail Code 50-10C

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

6.                  This Agreed Order shall apply to and be binding upon Respondent and its successors and assigns.  Respondent’s signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.  No change in ownership, corporate, or partnership status of Respondent shall in any way alter its status or responsibilities under this Agreed Order.

 

7.                  In the event that any terms of this 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 this Agreed Order did not contain the invalid terms.

 

8.                  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 is not and shall not be interpreted to be a permit or a modification of an existing permit.  This Agreed Order, and IDEM’s review or approval of any submittal made by Respondent pursuant to this Agreed Order, shall not in any way relieve Respondent of its obligation to comply with the requirements of its applicable permit or any applicable Federal or State law or regulation.

 

10.             Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that Respondent’s compliance with any aspect of this Agreed Order will result in compliance with the provisions of any permit, order, or any applicable Federal or State law or regulation.  Additionally, IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of Respondent’s efforts to comply with this Agreed Order.

 

11.             Nothing in this Agreed Order shall prevent or limit IDEM’s rights to obtain penalties or injunctive relief under any applicable Federal or State law or regulation, except that IDEM may not, and hereby waives its right to, seek additional civil penalties for the same violations specified in the NOV.

 

12.             Nothing in this Agreed Order shall prevent IDEM from communicating with the EPA or any other agency or entity about any matters relating to this enforcement action.  IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of such communications with the EPA or any other agency or entity.

 

13.             This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Janco Composites, Inc.

 

 

 

By:

 

 

By:

 

 

Craig Henry, Chief

 

Printed:

 

 

Air Section

 

Title:

 

 

Office of Enforcement

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

COUNSEL FOR COMPLAINANT:

 

COUNSEL FOR RESPONDENT:

For the Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

 

 

 

 

 

Deputy Attorney General

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2008.

 

 

For the Commissioner:

 

 

 

Signed on November 21, 2008

 

Robert B. Keene

 

Assistant Commissioner

 

Office of Legal Counsel and Enforcement