STATE OF INDIANA

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BEFORE THE INDIANA DEPARTMENT OF

 

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ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION        )

 

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COMMISSIONER OF THE DEPARTMENT

 

OF ENVIRONMENTAL MANAGEMENT

 

 

 

 

 

Complainant,

 

 

 

 

v.

Case Nos. 2018-25624-A & 2018-25265-A

 

 

LIPPERT COMPONENTS, INC.,

 

 

 

Respondent.

 

 

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 Lippert Components, Inc. (“Respondent”), which owns and operates the following facilities

 

a.             Lippert Components, Inc. – Indiana Frame Division: a stationary mobile home and RV metal frame manufacturing plant with Plant I.D. No. 039-00309 located at 3152 Skyview Road in Goshen, Elkhart County, Indiana (“Site 1”) and,

b.             Lippert Components, Inc. – Plant 45: a stationary miscellaneous automobile part manufacturing operation with Plant I.D. No. 039-00790 located at 2703 College Ave in Goshen, Elkhart County, Indiana (“Site 2”)

 

3.             IDEM has jurisdiction over the parties and the subject matter of this action.

 

4.             Pursuant to IC 13-30-3-3, on August 23, 2019, IDEM issued a Notice of Violation (“NOV”) via Certified Mail to:

Jason D. Lippert, Director

Corporation Service Company,

Lippert Components, Inc.

Registered Agent

4100 Edison Lakes Parkway

135 North Pennsylvania Street

Suite 210

Mishawaka, IN 46545

Suite 1610

Indianapolis, IN 46204

 

5.             During an investigation conducted by a representative of IDEM, the following violations were found:

 

For Site 1:

a.       Pursuant to 326 IAC 2-8-11.1(a), any person proposing to add additional emission units, modify existing emission units, or otherwise modify a FESOP source as described in this section shall submit a permit revision request in accordance to this section.

Pursuant to 326 IAC 2-8-11.1(f)(E), a significant permit modification (“SPM”) is any modification with the potential to emit greater than twenty-five (25) tons per year of the following pollutants: PM, PM10, or direct PM2.5, sulfur dioxide, nitrogen oxides, VOC, hydrogen sulfide, total reduced sulfur, reduced sulfur compounds, and fluorides.

Respondent installed 198 welding units, 110 Rosebud units, 110 plasma cutting stations, three emergency generators, and seventeen natural gas-fired combustion units between 2010 and 2015 exceeding the emissions requiring a SPM, in violation of 326 IAC 2-8-11.1(a).

 

For Site 2:

b.       Pursuant to 326 IAC 2-8-11.1(a), any person proposing to add additional emission units, modify existing emission units, or otherwise modify a FESOP source as described in this section shall submit a permit revision request in accordance to this section.

Pursuant to 326 IAC 2-8-11.1(d), a minor permit revision (“MPR”) is required for approval prior to construction and operation for modifications that have a potential to emit less than twenty-five (25) tons per year and equal to or greater than five (5) tons per year of either PM, PM10, or direct PM2.5, sulfur dioxide, nitrogen oxides, and VOC.

Respondent installed 128 welding units, eight plasma cutting units, one emergency generator, twelve natural gas-fired combustion units, and two electric part washers between 2007 and 2016 exceeding the emissions requiring a MPR, in violation of 326 IAC 2-8-11.1(a).

 

6.             Permit modifications, for Site 1 and Site 2, updated for the new emission units were issued on July 13, 2017 and June 6, 2017, respectively.

7.             Based on a review of information, the NOV issued on August 23, 2019, incorrectly cited Plant 45 having installed 110 Rosebud units without a permit.

 

8.             Orders of the Commissioner are subject to administrative review by the Office of Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement reached, Respondent acknowledges notice of this right and 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 Respondent.  This Agreed Order shall have no force or effect until the Effective Date.

 

2.             Respondent shall comply with FESOP 039-39535-00309 for Site 1 and FESOP 039-36679-00790 for Site 2, unless either is modified or issued a renewal.

 

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

 

Matthew Chaifetz, Senior Enforcement Manager

Compliance and Enforcement Branch – Mail Code 61-53

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

mchaifet@idem.IN.gov

 

4.             Respondent is assessed and agrees to pay a civil penalty of Eleven Thousand Two Hundred Fifty Dollars ($11,250.00).  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”.

 

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

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

Indianapolis, IN 46204

 

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 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 5, above.

 

8.             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.

 

9.             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 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.

 

11.          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.

 

12.          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.

 

13.          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 Respondent may incur as a result of such communications with the EPA or any other agency or entity.

 

14.          This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order and IDEM has issued a Resolution of Case letter to Respondent.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Lippert Components, Inc.

 

 

 

By:

 

 

By:

 

 

David P. McIver, Chief

 

Printed:

 

 

Enforcement Section

 

Title:

 

 

Office of Air Quality

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

COUNSEL FOR COMPLAINANT:

 

COUNSEL FOR RESPONDENT:

For the Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

 

 

 

 

 

 

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2021.

 

 

For the Commissioner:

 

 

 

Signed on January 14, 2021

 

Matthew Stuckey

 

Assistant Commissioner

 

Office of Air Quality

Indiana Department of Environmental Management