STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) Case No. 2000-9786-A
)
OLYMPIC FIBERGLASS INDUSTRIES, INC., )
)
Respondent. )
AGREED ORDER
The Complainant and the 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.
I. FINDINGS OF FACT
1. Complainant is the Commissioner (AComplainant@) of the Indiana Department of Environmental Management, a department of the State of Indiana created by
IC 13-13-1-1.
2. Respondent is Olympic Fiberglass Industries, Inc. (ARespondent@), which owns and operates a fiberglass products manufacturing plant located at 1235 East 4th Street in Rochester, Fulton County, Indiana ("Site").
3. The Indiana Department of Environmental Management (AIDEM@) has jurisdiction over the parties and the subject matter of this action.
4. Pursuant to IC 13-30-3-3, on February 2, 2001, IDEM issued a Notice of Violation via Certified Mail to:
Mr. William A. Adams
President and Registered Agent
Olympic Fiberglass Industries, Inc.
1235 East 4th Street
Rochester, Indiana 46975
5. A representative of IDEM conducted a record review of the site on July 17, 2000 and September 29, 2000. The following violations were in existence at the time of the record reviews:
a. 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. Two (2) facilities located at this source, a fiberglass products manufacturing plant, was constructed without first applying for and obtaining a construction permit.
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. This source, a fiberglass products manufacturing plant, began operating without first applying for and obtaining an operating permit.
b. Pursuant to 326 IAC 2-7-3, any Part 70 source which has failed to submit a timely and complete Part 70 permit application may not operate after the time that it is required to submit the Part 70 permit 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.
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.
c. Pursuant to 326 IAC 2-6-3, the owner or operator of any facility with the potential to emit carbon monoxide (CO), volatile organic compounds (VOCs), oxides of nitrogen (NOx), particulate matter (PM10), or sulfur dioxide (SO2) into the ambient air at levels equal to or greater than one hundred (100) tons per year shall annually submit an emission statement to the Commissioner by July 1 of the following year. This facility/source failed to submit your emission statement for 1999 by July 1, 2000.
6. On April 8, 1998, the Respondent submitted a Title V Permit application.
7. In March 2000, IDEM, OAM Programs mailed a packet to the Respondent that discussed the requirements of the emission statement to be submitted by July 1, 2000.
8. On July 17, 2000, IDEM, OAM Programs sent a violation letter to the Respondent which stated that the 1999 emission statement had not been received and requested the submittal of the emission statement within 30 days.
9. On February 28, 2001, the Part 70 Operating Permit T049-9656-00027 was issued to the Respondent.
10. In May 2001, the Respondent submitted the 1999 Annual Emission Statement.
11. In recognition of the settlement reached, Respondent 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 the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
2. Respondent is assessed a civil penalty of Fifty Five Thousand and Two Hundred Dollars ($55,200). The Respondent shall pay a portion of this penalty in the amount of Forty Thousand and Two Hundred Dollars ($40,200) in the following manner: Six Thousand and Seven Hundred Dollars ($6,700) is due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date of this Agreed Order. The remaining amount of Thirty Three Thousand and Five Hundred Dollars ($33,500) is to be paid in five (5) monthly installments of Six Thousand and Seven Hundred Dollars ($6,700) due and payable to the Environmental Management Special Fund on or before the following dates:
September 30, 2001 October 30, 2001 November 30, 2001 December 30, 2001 January 30, 2002
In lieu of payment of the remaining civil penalty amount of Fifteen Thousand Dollars ($15,000), the Respondent shall perform and complete a Supplemental Environmental Project (SEP). Respondent estimates that this SEP will cost Thirty Thousand Dollars ($30,000). Within Fifteen (15) days of completing this SEP, Respondent shall submit written notice and documentation to IDEM, which substantiates all actions taken and costs, incurred with respect to the SEP. In the event that the cost of the SEP is less than Thirty Thousand Dollars ($30,000), Respondent shall pay fifty percent (50%) of the difference between Thirty Thousand Dollars ($30,000), and the actual cost of the SEP.
As a Supplemental Environmental Project, the Respondent shall replace the current resin flocoat chop system with a fitchop system which will reduce styrene emissions by an estimated 12,537 pounds per year. The Respondent will also replace the existing gel coat airless air assist system with a fit gel system which will reduce styrene emissions by an estimated 24,537 pounds per year. Respondent shall complete the proposed SEP by no later than one year of the Effective Date
3. 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:
Cashier
IDEM
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
4. In the event that the Respondent does not complete the SEP by July 30, 2002, the full amount of the civil penalty as stated in paragraph 2 above, plus interest established by IC 24-4.6-101 on the remaining amount, less the portion of the civil penalty Respondent has already paid, will be due within fifteen (15) days from Respondent's receipt of IDEM=s notice to pay. Interest, at the rate established by IC 24-4.6-1-101, shall be calculated on the amount due from the date which is thirty (30) days after the Effective Date of this Agreed Order until the full civil penalty is paid.
5. This Agreed Order shall apply to and be binding upon the Respondent, its successors 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.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management Olympic Fiberglass Industries, Inc.
By: _________________________ By: _________________________
David P. McIver
Chief, Air Section Printed: ______________________
Office of Enforcement
Title: ________________________
Date: ________________________ Date: ________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: _________________________ By: ________________________
Jay Rodia, Attorney
Office of Legal Counsel
Department of Environmental Management
Date: _______________________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 2001.
For the Commissioner:
Signed August 8, 2001
___________________________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement