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. 2000-9850-A

)

ONYX PAVING, INC., ) )

Respondent. )

NOTICE AND ORDER OF THE

COMMISSIONER OF THE

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT



VIA CERTIFIED MAIL NO. ________________________

To: Mr. Brad Pardieck

Onyx Paving Company, Inc.

825 South O'Brien Street

Seymour, Indiana 47274

This Notice and Order of the Commissioner of the Department of Environmental Management ("Order") is issued against Onyx Paving Company, Inc., ("Respondent"), which owns and operates a stationary hot mix batch asphalt manufacturing plant, for violation of the Indiana Environmental Management Act. This Order is issued pursuant to IC 13-30-3-4, IC 13-30-3-10, IC 13-30-3-11 and is based on violations found during an investigation conducted by representatives of the Indiana Department of Environmental Management (IDEM). During the investigation, it was determined that the Respondent was in violation of conditions set forth in the Federally Enforceable State Operating Permit # F071-9643-03180. These conditions were General Condition B.12, Source Operation Condition C.21 and Facility Operation Conditions D.1.4, D.1.5 and D.1.9.

FINDINGS OF VIOLATION

  1. The Respondent is Onyx Paving Company, Inc., which owns and operates a stationary hot mix batch asphalt manufacturing plant, located at New Ford Road, Seymour, Jackson County, Indiana (the "Site").
2. An inspection on September 15, 2000, was conducted at the Site by a representative of IDEM=s Office of Air Quality (OAQ). The following violations were in existence or observed at the time of this inspection: a. Pursuant to Permit condition B.12 of the Federally Enforceable State Operating Permit (FESOP) F 071-9643-03180 an Annual Compliance Certification is required to be submitted no later than July 1 of each year. The Annual Compliance Certification for 2000 and 2001 has not been submitted.

b. Pursuant to Permit condition C.21 of the Federally Enforceable State Operating Permit (FESOP) F 071-9643-03180 the Semi-Annual Compliance Monitoring Report is required to be submitted within thirty (30) days of the reporting period. The Semi-Annual Compliance Monitoring Reports for July-December 1999, January-June 2000, July-December 2000 and January-June 2001 have not been received.

c. Pursuant to Permit condition D.1.4 and D.1.9 of the Federally Enforceable State Operating Permit (FESOP) F 071-9643-03180 a record of daily visible emission evaluations of the hot batch mixer stack exhaust are required to be maintained and a preventive maintenance plan was required to be prepared by August 18, 1999. During the September 15, 2000, inspection it was discovered that Onyx Paving Company Inc. failed to maintain records of the visible emissions evaluations and failed to develop a written preventive maintenance plan.

d. Pursuant to Permit condition D.1.5 of the Federally Enforceable State Operating Permit (FESOP) F 071-9643-03180 a stack test for PM and PM10 emissions was to have been conducted by May 18, 2000. During the September 15, 2000, inspection it was discovered that Onyx Paving Company Inc. failed to conduct the stack test by the deadline.

 3. The Respondent submitted the Preventative Maintenance Plan, the 2000 Annual Compliance Certification, the 2001 Annual Compliance Certification, a copy of the visible emissions log and the standard operating procedures for conducting the visible emissions to the IDEM, Office of Enforcement (OE) on October 1, 2001. The Respondent was not required to submit the semi-annual compliance monitoring reports for July-December 1999, January-June 2000, July-December 2000 and January-June 2001.

4. The Notice of Violation, Case No. 2000-9850-A, contained an offer to enter into an agreed order providing for a payment of a civil penalty.

5. More than 60 days have elapsed since the Respondent was offered the opportunity to enter into an agreed order for Case No. 2000-9850-A.

 6. The Respondent has not entered into an agreed order resolving these violations.
 
 

ORDER

1. Respondent shall comply with Permit condition D.1.5 of the Federally Enforceable State Operating Permit (FESOP) F 071-9643-03180 by conducting a PM and PM10 emissions compliance test of the hot mix batch mixer in accordance with the requirements in 326 IAC 3-6 prior to commencing operation in 2003. Respondent shall not operate this hot mix batch asphalt manufacturing source, except for emission testing purposes, until it completes the above noted compliance test.

2. The Respondent shall pay a civil penalty of Thirteen Thousand and Five Hundred Dollars ($13,500) for the aforementioned violations. This penalty shall be remitted to the Department of Environmental Management within 30 days of the Effective Date of this Order. The check shall be made payable to the Environmental Management Special Fund, with the Case Number, 2000-9850-A indicated on the check and mailed to:

Cashier
IDEM
100 N. Senate Avenue
P.O. Box 7060
Indianapolis, Indiana 46207-7060 3. This Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, and assigns. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Order.

4. The Respondent shall provide a copy of this Order, if in force, to any subsequent owners or successors before ownership rights are transferred. The Respondent shall ensure that all contractors, firms and other persons performing work under this Order comply with the terms of this Order.
EFFECTIVE DATE OF ORDER

Pursuant to IC 13-30-3-5, this Order takes effect 20 days following receipt unless you request review of this Order, before the twentieth day after receipt, by filing a written request for review with the Office of Environmental Adjudication, and serving a copy of the request for review upon the Commissioner of the Indiana Department of Environmental Management. You may request that the Office of Environmental Adjudication conduct a hearing to review this Order, under IC 4-21.5, in its entirety, or you may limit your request for review to specific findings of fact and/or orders contained in this Order. Requests for review must be submitted to the Office of Environmental Adjudication and the Commissioner of the Indiana Department of Environmental Management at the following addresses:

Director                                                             Commissioner
Office of Environmental Adjudication                    IDEM
ISTA Building                                                     Indiana Government Center North
150 W. Market Street, Suite 618                         100 N. Senate
Indianapolis, Indiana 46204                                 P.O. Box 6015
                                                                            Indianapolis, Indiana 46206-6015
  Failure to properly submit a request for review, before the twentieth day following receipt of this Order of the Commissioner, waives your right to administrative review of this Order and your right to judicial review of the Order. The petition for administrative review must contain the following information:
    1. Name, address, and telephone number of each person filing the petition.
2. Identification of the interest of each petitioner in the subject of the petition.

3. Statement of facts demonstrating that the petitioner is:

A. a person to whom the order is directed;

B. aggrieved or adversely affected by the order; or
    1. entitled to review under any law.
4. Statement with particularity the legal issues proposed for consideration in the proceedings. The petition for administrative review should also contain the following information:
    1. Identification of any persons represented by the person making the request.
    2. Statement identifying the person against whom administrative review is sought.
    3. A copy of the notice of the commissioner's action issued by the department of environmental management, which is the basis of the petition for administrative review.
4. Statement that indicates the identification of petitioner's attorney or other representative. If you have procedural or scheduling questions regarding your request for review you may contact the Office of Environmental Adjudication at (317) 232-8591.
 
 

Dated at Indianapolis, Indiana, this ___________ day of ____________________, 2003.
 

Signed August 22, 2003

______________________________

Lori F. Kaplan

Commissioner
 
 

 cc: Jean Bauer, US EPA Region 5
Jackson County Health Department
Herm Carney, Office of Air Quality
Enforcement File (2000-9850-A)
OAQ Public File (071-03180)