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 No. 2019-26187-A |
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WOODENWARE USA, 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 Woodenware USA, Inc.
(“Respondent”), which owns and operates a stationary wood cabinet door assembly
and finishing facility with Plant ID No. 085-00117 located at 9151 West 750 North
in Etna Green, Kosciusko 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 September 20, 2021 via Electronic
mail to:
Earl Chupp, President |
Earl Chupp,
Registered Agent |
Woodenware
USA, Inc. |
Woodenware USA, Inc. |
9151 West
750 North |
9135 West 750 North |
Etna Green,
IN 46524 |
Etna Green, IN 46524 |
5.
During a report review conducted by a
representative of IDEM, the following violations were found:
a. Pursuant to 326 IAC 2-6.1-6, any person
proposing to construct new emission units, modify existing emission units, or
otherwise modify the source shall submit an application
or notification for a permit revision in accordance with this rule.
Respondent failed to submit a permit application prior to the construction of
the sample spray booth for wood surface coating, identified as SB1 in 2013 and the modification of the flat line
for wood surface coating in 2017, identified as FL1, in violation of 326 IAC
2-6.1-6.
b. Pursuant to 326 IAC 2-7-2, any major
source is required to have a Part 70 permit.
Respondent began operating a Part 70 source without first applying for and
obtaining an operating permit, in violation of 326 IAC 2-7-2.
6.
Respondent submitted a permit application on
December 10, 2018, which was issued as Federally Enforceable State Operating Permit (“FESOP”) No. 085-40803-00117 on March 26, 2019, that
incorporated the sample spray booth for wood surface coating, identified as SB1,
and the modification of the flat line
for wood surface coating, identified as FL1.
7.
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 the rules listed
in the findings of fact above.
3.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Lisa Ward, Case Manager |
Compliance and Enforcement Branch –
Mail Code 61-53 |
Indiana Department of Environmental
Management |
100 North Senate Avenue |
Indianapolis, IN 46204-2251 lhayhurs@idem.in.gov |
4.
Respondent is assessed and agrees to pay a
civil penalty of Nine
Thousand Dollars
($9,000.00). 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.
Respondent is assessed and agrees to pay
avoided annual Federally Enforceable State Operating Permit (“FESOP”) fees for
the previous five years in the amount of Nine Thousand Three Hundred
Seventy-Five Dollars ($9,375.00). Said fees shall be due and payable to the
Title V Investments Fund within thirty (30) days of the Effective Date; the 30th
day being the “Due Date”.
6.
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 |
7.
FESOP
fees are payable by check to the “Title V Investments Fund.” A cover letter shall accompany the check
specifying that the FESOP fees shall be deposited into the Title V Investments
Fund. The check and cover letter 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 |
8.
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.
9.
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.
10.
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.
11.
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.
12.
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.
13.
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.
14.
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.
15.
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.
16.
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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Woodenware USA, 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
THIS |
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OF |
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, 2021. |
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For the Commissioner: |
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Signed on September 29, 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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