STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
v. )CAUSE NO. A-4529 or 1999-3515-A
STONHARD, DIVISION OF )
STONCOR GROUP, INC., )
2. Respondent is Stonhard, Division of StonCor Group, Inc. (hereinafter referred to
as "Respondent"), which owns and operates a polymer flooring manufacturing
facility located at 1310 Dividend Road, Fort Wayne, Indiana (the "Site").
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 via Certified Mail
Walter D. Toomer, U.S. Corporation Company
Regulatory Affairs Manager Registerd Agent for Stonhard, Inc.
Stonhard, Inc. 2 Market Square Center
1310 Dividend Road Indianapolis, Indiana 46204
Fort Wayne, Indiana 46808
5. Rule 326 IAC 2-7-3 requires a Part 70 source to not operate after the time that it is
required to submit a timely and complete Part 70 permit application if that source
fails to submit said application.
6. Rule 326 IAC 2-7-4 requires a Part 70 source to submit a timely and complete
application no more than twelve (12) months after United States Environmental
Protection Agency approval of the Part 70 program. That due date was December
7. Designated representative(s) of IDEM conducted a records review of the Site in
February, 1999, and noted that the Respondent was operating and that the
Respondent submitted the Part 70 application to IDEM on May 26, 1998. Those
activities of the Respondent are violations of 326 IAC 2-7-3 and 326 IAC 2-7-4
8. In recognition of the settlement reached, Respondent waives any right to
administrative and judicial review of this Agreed Order.
3. 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:
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
4. In the event that the civil penalty required by paragraph 2 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.
5. 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.
6. 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.
7. The 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.
8. This Agreed Order shall remain in effect until Respondent has complied with all
terms and conditions of this Agreed Order.
By: _________________________ By: _________________________
David P. McIver
Chief, Air Section
Office of Enforcement Printed: ______________________
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 01/25/2000
Felicia A. Robinson
Assistant Commissioner of Enforcement
Converted by Andrew Scriven