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STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. NOVAE
CORPORATION, Respondent. |
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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. 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 (“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 Novae Corporation (“Respondent”),
which owns and operates a stationary trailer manufacturing plant with Plant ID
No. 069-00066, located at One Novae Parkway in Markle,
Huntington 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”) via certified mail on June 8th, 2017 to:
Steve Bermes,
President Amy L. Moreland,
Registered Agent
Novae Corporation Novae Corporation
One Novae Parkway One Novae Parkway
Markle, IN 46808 Markle,
IN 46770
5.
During an investigation conducted by a
representative of IDEM, the following violations were found:
a. Pursuant to FESOP No. 069-35005-00066
condition D.3.7(a), the permittee shall maintain
records for VOC content of each coating material and solvent, the amount of
coating material and solvent used on a daily basis for each booth, the daily
cleanup solvent used, the total VOC usage for each day, the dates and times
when non-compliant coatings are used and at what booth, and the volume weighted
average VOC content for coating used for non-compliant coating use.
Respondent failed to maintain records for VOC content and usage between
February 18, 2015 and February 1, 2016 in violation of FESOP No.
069-35005-00066 condition D.3.7(a).
b. Pursuant to FESOP No. 069-35005-00066
conditions D.1.7 and D.2.7, the
permittee shall perform quarterly inspections of the baghouses controlling
particulate from powder coating operations to verify they are being operated
and maintained in accordance with manufacturer’s specifications.
Respondent failed to perform quarterly inspections of the baghouses in 2015 in
violation of FESOP No. 069-35005-00066 conditions D.1.7 and D.2.7.
c. Pursuant to FESOP NO. 069-35005-00066
conditions D.1.8 and D.2.8, the permittee shall maintain records of the
baghouse quarterly inspections to document the compliance status with conditions
D.1.7 and D.2.7.
Respondent failed to maintain records of the baghouse inspections in 2015 in
violation of FESOP No. 069-35005-00066 conditions D.1.8 and D.2.8.
d. Pursuant to FESOP No. 069-35005-00066
conditions D.3.6(a) and D.3.6(b), the permittee shall
perform daily inspections to verify the placement, integrity, and particle
loading of the filters; shall perform weekly observations of the overspray from
stack PB1 while one or more of the booths are in operation; and perform monthly
inspections of overspray on the rooftops and the nearby ground.
Respondent failed to perform filter and overspray inspections from February 18,
2015 to February 1, 2016 in violation of FESOP No. 069-35005-00066 conditions D.3.6(a) and D.3.6(b).
e. Pursuant to FESOP No. 069-35005-00066
condition D.3.7(b), the permittee shall maintain a log
of daily, weekly and monthly filter and overspray inspections to document the
compliance status with condition D.3.6.
Respondent failed
to maintain records for daily, weekly, and monthly filter and overspray
inspections from February 18, 2015 to February 1, 2016 in violation of FESOP
No. 069-35005-00066 condition D.3.7(b).
f. Pursuant to FESOP No. 069-35005-00066 condition
D.3.2(b) and Registration No.
069-20107-00066 condition 2(a), the permittee shall not allow the discharge
into the atmosphere of VOC in excess of 3.5 pounds of VOC per gallon, excluding
water, for non-clear coat coating as delivered to the applicator and extreme
performance coatings.
Respondent used coating in excess of 3.5
pounds of VOC per gallon, e.g., dual prime black is 4.55 lb./gal.
VOC content, in violation of FESOP No. 069-35005-00066 condition D.3.2(b) and Registration No. 069-20107-00066 condition
2(a).
g. Pursuant to FESOP No. 069-35005-00066
condition D.3.5, when using
non-compliant coatings, compliance with the VOC content contained in condition
D.3.2 shall be determined pursuant to 326 IAC 8-1-2(a)(7), using a daily volume
weighted average of coatings on a daily basis.
Respondent used non-compliant coatings,
e.g., dual prime black is 4.55lb/gal VOC content, but did not use the daily
volume weighted average of coatings on a daily basis, in violation of FESOP No.
069-35005-00066 condition D.3.5.
h. Pursuant to Registration No.
069-20107-00066, an authorized individual shall provide an annual notice to the
Office of Air Quality.
Respondent did not submit an annual
notice for 2013 and 2014 in violation of Registration No. 069-20107-00066.
i. Pursuant to FESOP No. 069-35005-00066 condition
C.18, quarterly deviation reports shall be submitted to IDEM.
Respondent did not submit quarterly
reports for 2015, in violation of FESOP No. 069-35005-00066 condition C.18.
6. 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 Complainant or Complainant’s
delegate, and has been received by Respondents.
This Agreed Order shall have no force or effect until the Effective
Date.
2.
Respondent shall comply with FESOP No. 069-35005-00066.
3.
Pursuant to 326 IAC 2-7-11 (a), Respondent
shall submit an administrative permit amendment
application to rectify a typographical error located in FESOP No.
069-35005-00066 condition D.2.7. Specifically, the condition references “powder
coating operations” which pertains to equipment listed in permit section D.1.
Instead, the condition should correlate to the equipment listed in section D.2
(sand blasting operations). Respondent shall submit said application in
compliance with FESOP No. 069-35005-00066 condition B.19 within sixty (60) days
of the date the Agreed Order is adopted.
4.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
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Vaughn Ison,
Case Manager |
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Compliance
and Enforcement Branch – Mail Code 61-53 |
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Indiana
Department of Environmental Management |
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100 North
Senate Avenue |
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Indianapolis,
IN 46204-2251 |
5.
Respondent is assessed and agrees to pay a
civil penalty of thirteen thousand two hundred dollars ($13,200). Said penalty
amount shall be due and payable to the Environmental Management Special Fund
within thirty (30) days of the Effective Date; the 30th day being
the “Due Date”.
6.
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:
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IDEM
Office of Legal Counsel |
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IGCN,
Rm N1307 |
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100
N Senate Ave |
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Indianapolis,
IN 46204 |
7.
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 their status or
responsibilities under this Agreed Order.
8.
In the event that the monies due to IDEM
pursuant to this Agreed Order are not paid on or before their Due Date,
Respondent shall pay interest on the unpaid balance at the rate established by
IC 24-4.6-1. The interest shall be computed as having accrued from the Due Date
until the date that Respondent pays any unpaid balance. Such interest shall be payable to the Environmental
Management Special Fund and shall be payable to IDEM in the manner specified in
Paragraph 6, above.
9.
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.
10.
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.
11.
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 their obligation to comply with the
requirements of their applicable permit or any applicable Federal or State law
or regulation.
12.
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.
13.
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.
14.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf 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 Respondents may incur as a result of
such communications with the EPA or any other agency or entity.
15.
This Agreed Order shall remain in effect until
Respondent has complied with all terms and conditions of this Agreed Order
until IDEM issues a Resolution of Case letter to Respondent.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
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Novae Corporation |
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David
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Enforcement
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Office
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COUNSEL
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY OF |
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2017. |
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For
the Commissioner |
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Signed
on July 7, 2017 |
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Keith
Baugues, Assistant Commissioner |
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Office
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Indiana
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