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STATE OF
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BEFORE THE
INDIANA DEPARTMENT OF |
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COUNTY OF
MARION |
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ENVIRONMENTAL
MANAGEMENT |
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COMMISSIONER
OF THE DEPARTMENT |
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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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PREMIER
FIBERGLASS CO., 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 Premier Fiberglass Co., Inc. (“Respondent”), which owns and operates the stationary
fiberglass parts and components facility with Plant ID No. 039-00336, located
at 55080 Phillips Street, in Elkhart, 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”) via Electronic Mail to:
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Premier
Fiberglass Co., Inc. |
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Attn: John
Kellogg, President and Registered Agent |
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55080 Phillips
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Elkhart, IN
46514 Premierfiberglass@hotmail.com
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5.
During
an investigation including an inspection on November 12, 2024
conducted by representatives of IDEM, the following violations were found:
a.
Pursuant
to Part 70 Operating Permit No. 039-43938-00336 (“Permit 43938”), Condition
D.1.8(c), and corresponding conditions in subsequent permits, Respondent shall
maintain a log of weekly overspray observations, daily and monthly inspections.
Respondent shall include in its record when Respondent does not take a reading
a reading and the reason for the lack of observations.
Respondent failed to maintain records of
daily, weekly, and monthly dry filter inspections at Plant #4 from January 11, 2023 through November 11, 2024, in violation of Permit 43938, Condition
D.1.8(c), and corresponding conditions in subsequent permits.
Respondent failed to maintain records of
daily dry filter inspections at Plant #1 on January 17, 2023; September 1,
2023; and September 4, 2023; in violation of Permit 43938, Condition D.1.8(c), and
corresponding conditions in subsequent permits.
b.
Pursuant
to Permit Condition D.2.5(a), and corresponding conditions in subsequent
permits, Respondent shall maintain daily records of visible emission notations
of the stack exhausts. Respondent shall include in its daily record when
Respondent does not take a visible emission notation and the reason for the
lack of a visible emission notation.
Respondent
failed to maintain daily records of visible emission notations of the stack
exhaust identified as Grind #2 at Plant #4 from January 2023 through November
2024, in violation of Permit Condition D.2.5(a), and corresponding conditions
in subsequent permits.
Respondent failed to maintain daily records of visible
emission notations of the stack exhausts at Plant #2 on multiple dates from
March 2023 through October 15, 2024, in violation of Permit Condition D.2.5(a),
and corresponding conditions in subsequent permits.
c.
Pursuant
to Part 70 Operating Permit No. 039-45788-00336 (“Permit 45788”), Condition
D.2.3, the fabric filter for particulate control shall be in operation and
control emissions from the one (1) plastic grinding area, identified as V9, at all times V9 is in operation.
On November
12, 2024, Respondent failed to control emissions from the plastic grinding area
identified as V9, in violation of Permit 45788, Condition D.2.3.
6.
Respondent
conducted training with staff to ensure proper dry filter inspections and
records are maintained, updated the Preventative Maintenance Plan, and posted
instructions to keep overhead doors closed during grinding to control emissions.
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 Permit 039-45788-00336
unless superseded.
3.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise in writing, shall be sent to:
Natalie Ruiz,
Enforcement Case Manager
Office of Air Quality
Indiana
Department of Environmental Management
Indiana
Government Center North
100 North
Senate Avenue, Room 13W
Indianapolis,
IN 46204-2251
Nsruiz@idem.in.gov
4.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of Seven Thousand Four Hundred Dollars
($7,400.00). 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
Indiana
Government Center North
100 North
Senate Avenue, Room 13E
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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Premier
Fiberglass Co., 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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2025. |
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For
the Commissioner: |
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Signed
on May 29, 2025 |
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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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