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. A-4400
)
AISIN USA MFG., INC., )
)
Respondent. )
AGREED ORDER
I. FINDINGS OF FACT
2. Respondent is Aisin USA Mfg., Inc., (hereinafter referred to as "Respondent"),
who owns and operates an automotive parts fabrication facility at 1700 East
Fourth Street, located in Seymour, 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 via Certified Mail
to:
Mr. Don R. Rohrabaugh, Mr. Yugiro Takikawa,
Executive Vice President Registered Agent
Aisin U.S.A. Manufacturing, Inc. 1700 East Fourth Street
1700 East Fourth Street Seymour, IN 47274
Seymour, IN 47274
5. Rule 326 IAC 326 IAC 2-1-2 requires that no person shall commence
construction, operation or modification of any source or facility without
registering the same with the commissioner.
6. In November 1996, Respondent applied for a registration for its e-coat line
number 2 identified as EU-01B. In 1997, Respondent constructed the unit without
obtaining a registration, a violation of 326 IAC 2-1-2. The registration was
obtained on July 7, 1997. Respondent did not begin operating the unit until
August 1997.
Rule 326 IAC 8-2-9(d) requires that no owner or operator of a facility engaged in
the surface coating of miscellaneous metal parts and products may cause, allow, or
permit to discharge into the atmosphere of any volatile organic compounds (VOC)
in excess of three and five-tenths pounds per gallon (3.5 lbs/gal) of coating
excluding water, delivered to a coating applicator in a coating application system.
Respondent failed to use coatings with VOC content under 3.5 lbs/gal at its auto
paint and roll forming metal booth identified as EU-01D, a violation of 326 IAC
8-2-9(d)(2). This facility was erroneously identified as EU-01C in the Notice of
Violation. In June of 1998, Respondent installed a thermal incinerator at this
facility. According to Respondent's records, VOC emissions from the facility
were 10.9 tons per year (tpy) and 10.6 tpy in 1996 and 1997, respectively.
9. 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 his delegate, and has been received by the Respondent. This
Agreed Order shall have no force or effect until the Effective Date.
2. All submittals required by this Agreed Order, unless notified otherwise in writing,
shall be sent to:
Mr. Michael Stonik, 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 Four Thousand and Eight Hundred
Dollars ($4,800.00). 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 Order paragraph 3 of this Agreed
Order 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 resolves all the issues addressed in the Notice of Violation.
7. This Agreed Order shall apply to and be binding upon the Respondent, its officers,
and successors. 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.
8. 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.
9. 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.
10. This Agreed Order shall remain in effect until Respondent has complied with all
terms and conditions of this Agreed Order.
TECHNICAL RECOMMENDATION: AISIN USA MFG., INC.:
Department of Environmental Management
By: _________________________ By: _________________________
David P. McIver
Air Section Chief
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 December 2, 1999
___________________________
Felicia A. Robinson
Assistant Commissioner
of Enforcement
Converted by Andrew Scriven