STATE OF INDIANA    )            BEFORE THE INDIANA DEPARTMENT
        )    SS:        OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION    )    

COMMISSIONER OF THE                )
DEPARTMENT OF ENVIRONMENTAL        )
MANAGEMENT,                )
                    )    
        Complainant,        )
                    )    
        vs.            )    Cause No. A-4234, A-4343, A-4397
                    )
                    )    
BUCKO CONSTRUCTION CO., INC.,        )
                    )
        Respondent.        )

VIA CERTIFIED MAIL No.

To:    Joanne R. Bucko, President        Robert J. Bucko, Resident Agent
    Bucko Construction Co., Inc.        Bucko Construction Co., Inc.
    1501 Michigan Street            1501 Michigan Street
    Gary, Indiana 46402            Gary, Indiana 46402

    Following is the Notice and Order of the Commissioner of the Department of Environmental Management issued against the Respondent for violation of the Indiana Environmental Management Act. This Order is issued pursuant to IC 13-30-3-4, IC 13-30-3-10 and 11 and IC 4-21.5-3-6 and is based on a violation found during an investigation conducted by the Office of Air Management and Office of Enforcement. During that investigation it was determined that the Respondent was in violation of permit requirements, as specified below:

    1.    Rule 326 IAC 2-7-3 requires that no Part 70 source may operate after the time that it is required to submit a timely and complete application except in compliance with a Part 70 permit issued under this rule.

    2.    Rule 326 IAC 2-7-4(a)(1)(A) requires that the owner or operator of each Part 70 source has a duty to submit a timely and complete permit application as follows: For a first time applicant, a timely application is an application that is submitted within twelve (12) months after the source becomes subject to the Part 70 permit program. A source becomes subject to the Part 70 permit program on the date that approval by U.S. EPA of the Indiana Part 70 permit program becomes effective if the source is in existence and meets an applicability criterion of section 2 of this rule on that date.

    3.    The Indiana Part 70 permit program became effective on December 14, 1995.

    4.    Respondent failed to submit a Part 70 application for its operations located at 820 Chase St. in Gary, Indiana (Site 1). Respondent continued to operate at Site 1 for approximately a year after the application was due before moving to another location, violations of 326 IAC 2-7-3 and 326 IAC 2-7-4.

    5.    Rule 326 IAC 2-1-3 states that no person subject to section 1(b)(1) of this rule shall commence construction or modification of any source or facility without first applying for and obtaining a construction permit from the Commissioner.

    6.    Rule 326 IAC 2-1-4 states that no person shall operate any source or facility subject to section 1(b)(1) of this rule without first applying for and obtaining a permit to operate the source or facility from the Commissioner.

    7.    Respondent constructed and operated a new plant located at 1501 Michigan St. (Site 2) prior to receiving the required permits, violations of 326 IAC 2-1-3 and 326 IAC 2-1-4. On May 7, 1998, IDEM issued a FESOP to Respondent.

    8.    Respondent failed to submit a Part 70 application for its operations location at 720 W. Route 20 in Michigan City, Indiana (Site 3) and has been operating without a Part 70 permit, violations of 326 IAC 2-7-3 and 326 IAC 2-7-4. On November 13, 1998, IDEM received a FESOP application for this site.

    9.    On July 20, 1998 a Notice of Violation was issued, pursuant to IC 13-30-3-3 to the

Respondent for violations of 326 IAC 2-1-3, 326 IAC 2-1-4 at Site 2.

    10.    On December 16, 1998 and April 12, 1999 a Notice of Violation was issued, pursuant to IC 13-30-3-3 to the Respondent for violations of 326 IAC 2-7-3 and 326 IAC 2-7-4(a)(1)(A) at Site 1 and Site 3.

    11.    The Notices of Violation contained an offer to enter into an Agreed Order containing actions required to correct the violation.

    12.    More than sixty (60) days have elapsed since Respondent was offered the opportunity to enter into an Agreed Order.

    13.    The Respondent has not entered into an Agreed Order resolving this violation.

    1.    The Respondent shall pay a civil penalty of Forty-Two Thousand Dollars ($42,000) for violations of 326 IAC 2-1-3, 326 IAC 2-1-4, 326 IAC 2-7-3, and 326 IAC 2-7- 4(a)(1)(A). This penalty shall be remitted to the Department of Environmental Management within thirty (30) days of the effective date of this Order. Checks shall be made payable to the Environmental Management Special Fund, with the Cause Number indicated on the checks and mailed to:
            Cashier
            IDEM
            P.O. Box 7060
            Indianapolis, Indiana 46207-7060

     Pursuant to IC 13-30-3-5, this Order takes effect twenty (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. Pursuant to IC 4-21.5-3-7, 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:

    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 pursuant to IC 4-21.5-3-7 and your right to judicial review of the Order pursuant to IC 4-21.5-5- 4. 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
            (C) 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 pursuant to IC 4-21.5-3-15.
        (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 indicating 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 , 199 .

                Signed 11/12/99
                Lori F. Kaplan
                Commissioner

cc:    Steven A. Johnson & Associates
    Jean Bauer, US EPA, Region 5
    Lake County Health Department
    Aaron Schmoll, Office of Legal Counsel
    Bob Simmons, NWRO
    Rick Reynolds, NWRO
    Lynne Donahue, Office of Enforcement
    George Kolettis, City of Gary Air Pollution Control
    OAM Permit Admin. Section
    OAM Public file
    Enforcement file
    http://www.state.in.us/idem

Converted by Andrew Scriven