STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. )CAUSE NO. 1999-3450-A or A-4466
)
DONALDSON COMPANY, INC. )
)
Respondent. )
2. Respondent is Donaldson Company, Inc. (hereinafter referred to as
"Respondent"), which operates a filter manufacturing plant at 3260 W. State Road
28, located in Frankfort, Indiana.
3. The Indiana Department of Environmental Management ("IDEM") has
jurisdiction over the parties and subject matter of this action.
4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation dated October 14,
1999, via Certified Mail to:
Scott Eckerman C.T. Corporation Systems, Registered Agent
Donaldson Company, Inc. Donaldson Company, Inc.
3260 W. State Road 28 1 North Capitol
Frankfort, IN 46401 Indianapolis, IN 46204
5.
Pursuant to 326 IAC 2-1-3, a source or facility which has allowable emissions of
twenty-five (25) tons or more per year of any regulated pollutant shall apply for
and obtain a construction permit prior to commencing construction. The upgraded
paint booth was constructed in 1997 without first applying for and obtaining a
construction permit, a violation of 326 IAC 2-1-3.
6. Pursuant to 326 IAC 2-1-4, a source or facility which has allowable emissions of
twenty-five (25) tons or more per year of any regulated pollutant shall apply for and
obtain an operating permit prior to commencing operation. The upgraded paint booth
began operating in 1997 without first applying for and obtaining an operating permit, a
violation of 326 IAC 2-1-4.
7. Pursuant to 326 IAC 2-7-3, no Part 70 source may operate after the time that it is
required to submit a timely and complete application. This source continued to
operate following the December 13, 1996 Part 70 permit submission deadline and
prior to applying for and receiving a Part 70 permit, a violation of 326 IAC 2-7-3.
8. Pursuant to 326 IAC 2-7-4, the owner of each Part 70 source shall submit a timely
and complete permit application. This source's Part 70 permit application
was received after the December 13, 1996 submission deadline, a violation
of 326 IAC 2-7-4.
9.
Pursuant to 326 IAC 8-2-9, sources or facilities which coat miscellaneous metal
parts with actual volatile organic compound (VOC) emissions greater than 15
lbs/day may not cause, allow, or permit the discharge into the atmosphere of any
VOCs in excess of 3.5 lbs per gallon of coating, excluding water, delivered to a
coating applicator.
This source exceeded this threshold from 1992, while using
coatings that exceeded 3.5 lbs of VOC per gallon of coating, a violation
of 326 IAC 8-2-9.
10. On March 14, 1997, IDEM's Office of Air Management received a Part 70 Permit
application from Respondent.
11. On November 5, 1999, Respondent implemented surface coatings with VOC
concentrations less than 3.5 lbs per gallon, thereby complying with 326 IAC 8-2-
9.
12. In recognition of the settlement reached, Respondent waives any right to
administrative and judicial review of this Agreed Order.
2. All submittals required by this Agreed Order, unless notified otherwise in writing,
shall be sent to:
J. Brian Eaton, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
3. Respondent is assessed a civil penalty of Thirteen Thousand and Three Hundred
Dollars ($13,300). Said penalty amount shall be due and payable to the
Environmental Management Special Fund within thirty (30) days of the Effective
Date of this Agreed Order.
4. Civil penalties are payable by check to the Environmental Management Special
Fund. Checks shall include the Cause Number of this action and shall be mailed
to:
Cashier
IDEM
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
5. In the event that the civil penalty required by paragraph three (3) is not paid within
thirty (30) days of the Effective Date of this Agreed Order, Respondent shall pay
interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The
interest shall continue to accrue until the civil penalty is paid in full.
6. This Agreed Order shall apply to and be binding upon the Respondent, its officers,
directors, principals, agents, successors, subsidiaries, and assigns. The
Respondent's signatories to this Agreed Order certify that they are fully authorized
to execute this document and legally bind the parties they represent. No change in
ownership, corporate, or partnership status of the Respondent shall in any way
alter its status or responsibilities under this Agreed Order.
7. In the event that any terms of the 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 the Agreed Order did not contain the invalid terms.
8. The Respondent shall provide a copy of this Agreed Order, if in force, to any
subsequent owners or successors before ownership rights are transferred.
9. This Agreed Order shall remain in effect until all terms and conditions of
paragraphs three (3) and four (4) are met and satisfied.
TECHNICAL RECOMMENDATION: Donaldson Company, Inc.:
Department of Environmental Management
By: _________________________ By: _________________________
David P. McIver
Chief, Air Section
Office of Enforcement Printed: ______________________
Title: ________________________
Date: ________________________ Date: ________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: _________________________ By: ________________________
Office of Legal Counsel
Department of Environmental Management
Date: _______________________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS _____ DAY OF ____________________, 199___.
For the Commissioner:
Signed on 2.10.00
___________________________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
Converted by Andrew Scriven