STATE OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT OF |
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ENVIRONMENTAL MANAGEMENT |
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COUNTY OF MARION ) |
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COMMISSIONER OF THE DEPARTMENT |
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OF ENVIRONMENTAL MANAGEMENT |
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Complainant, |
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Case Nos. 2018-25624-A &
2018-25265-A |
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LIPPERT COMPONENTS, INC., |
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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 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: |
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RESPONDENT: |
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Department of Environmental Management |
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Lippert Components, Inc. |
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By: |
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By: |
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David P. McIver, Chief |
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Printed: |
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Enforcement Section |
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Title: |
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Office of Air Quality |
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Date: |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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For the Department of Environmental
Management |
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By: |
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By: |
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Date: |
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Date: |
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APPROVED AND ADOPTED BY THE INDIANA
DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
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OF |
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, 2021. |
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For the Commissioner: |
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Signed on January 14, 2021 |
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Matthew Stuckey |
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Assistant Commissioner |
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Office of Air Quality Indiana Department of Environmental
Management |
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