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STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
MANAGEMENT |
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COMMISSIONER
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OF
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Complainant, |
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v. |
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LIPPERT
COMPONENTS |
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MANUFACTURING,
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 Indiana Code (“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 IC
13-13-1-1.
2.
Respondent
is Lippert Components Manufacturing, Inc. (“Respondent”), which owns and
operates a stationary mobile home & RV metal frame manufacturing source
with Plant ID No. 039-00309, located at 3152 Skyview Road, in Goshen, Elkhart
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”) in conjunction with this Agreed Order via Electronic Mail
to:
Jason D
Lippert, Director Corporation
Service Company,
Lippert
Components Manufacturing, Inc. Registered
Agent
52567
Independence Court 135
N. Pennsylvania Street
Elkhart, IN
46514 Suite
1610
JasonL@lci1.com Indianapolis,
IN 46204
sop@cscglobal.com
5.
During
an investigation including an inspection on May 15, 2023, conducted by a
representative of IDEM, the following violations were found:
a.
Pursuant
to Federally Enforceable State Operating Permit No. 039-43271-00309 (“Permit”),
condition C.18, Respondent shall submit the Quarterly Deviation and Compliance
Monitoring Report or its equivalent. This report shall be submitted not later
than thirty (30) days after the end of the reporting period.
Respondent failed
to submit the third and fourth quarter 2021 Quarterly Deviation and Compliance
Monitoring Reports and failed to timely submit the first quarter 2022 Quarterly
Deviation and Compliance Monitoring Report, in violation of Permit condition
C.18.
b.
Pursuant
to Permit condition D.3.3, daily inspections shall be performed to verify the
placement, integrity and particle loading of the filters. To monitor the
performance of the dry filters, weekly and monthly observations shall be made
of the overspray from the rust preventative operation (RP1) while this emission
unit is in operation.
Pursuant to Permit condition D.3.4(a), to document the
compliance status with conditions D.3.1 and D.3.3, the Permittee shall maintain
a log of weekly overspray observations, and daily and monthly inspections.
Respondent failed to conduct daily and monthly inspections
and weekly overspray observations for the rust preventative operation (RP1) and
maintain the records from
first quarter 2021 through July 2022, in violation of Permit conditions D.3.3
and D.3.4(a).
c.
Pursuant
to Permit condition D.3.1 and 326 IAC 6-3-2(d), particulate from rust
preventative operation (RP1) shall be controlled by a dry particulate filter,
and Respondent shall operate the control device in accordance with
manufacturer’s specifications.
Respondent failed to control emissions using a dry
particulate filter while the rust preventative operation (RP1) was in use
from first quarter 2021 through
July 2022, in violation of Permit condition D.3.1 and 326 IAC 6-3-2(d).
d.
Pursuant
to Permit condition D.3.2, A Preventive Maintenance Plan (“PMP”) is required
for this facility and its control device.
Respondent failed to have a PMP for the rust preventative
operation (RP1), in violation of Permit condition D.3.2.
6.
Respondent
discontinued the rust preventative operation (RP1) in July 2022.
7.
Orders
of the Commissioner are subject to administrative review by the Office of Administrative
Law Proceedings 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 Part 70 Operating
permit No. 039-45366-00309 unless superseded by a permit modification or
renewal.
3.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise in writing, shall be sent to:
Jennifer
Bailey, Senior Enforcement Case Manager
Office of Air Quality
Indiana
Department of Environmental Management
100 North
Senate Avenue
Indianapolis,
IN 46204-2251
Jbailey2@idem.in.gov
4.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of Twenty Thousand Dollars ($20,000.00). Said penalty amount shall be due and payable
to the Environmental Management Special Fund within thirty (30) days of the
Effective Date; the thirtieth 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.
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.
7.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
8.
This Agreed Order shall apply to and be binding
upon Respondent and all successors and assigns. Respondent shall provide a copy
of this Agreed Order, if in force, to any subsequent owners, successors, or
assigns before ownership rights are transferred.
9.
No change in ownership, corporate, or
partnership status of Respondent shall in any way alter the Respondent’s status
or responsibilities under this Agreed Order.
10.
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.
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.
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 the obligation to comply with the requirements of any applicable
permits or any applicable Federal or State laws or regulations.
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 violations
specified in the NOV.
15.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the U.S. Environmental
Protection Agency (“U.S. 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 U.S. 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.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Lippert Components Manufacturing, 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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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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2024. |
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For
the Commissioner: |
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Signed
on December 4, 2024 |
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Matthew Stuckey, Assistant
Commissioner |
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Office
of Air Quality Indiana
Department of Environmental Management |
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