AMENDED

NOTICE OF VIOLATION

 

Via Certified Mail #

 

 

To:

Mr. Ron Bergstrom, President

 

SACO Industries, Inc.

 

17151 Morse Street

 

Lowell, Indiana 46356

 

Case No. 2001-10138-A

 

Based on an investigation, the Indiana Department of Environmental Management (IDEM) has reason to believe that SACO Industries, Inc. (Respondent) has violated environmental rules and permits. The violations are based on the following:

 

1.                  Respondent owns and operates a wood and particle board bathroom and kitchen cabinet manufacturing operation with plant ID # 089-00443 located at 17151 Morse Street in Lowell, Lake County, Indiana (the “Site”).

 

2.                  Pursuant to 326 IAC 2-3-2 (Emission Offset), any new or modified major stationary source, located in an area designated as severe nonattainment for ozone, which has potential emissions of twenty-five (25) or more tons per year of volatile organic compounds (VOCs) is subject to the requirements of this rule.

The Respondent’s actual VOC emissions exceeded twenty-five (25) tons per year from January 2000 through July 2002, triggering the requirements set forth in 326 IAC 2-3.  The Respondent failed to comply with the requirements of 326 IAC 2-3.

 

3.                  Pursuant to 326 IAC 8-11 (Wood Furniture Coatings), any person performing wood furniture manufacturing operations in Lake, Porter, Clark or Floyd counties which have the potential to emit twenty-five (25) tons per year of VOCs and carries a specific Standard Industrial Classification (SIC) code must comply with the emission limits, work practice standards, continuous compliance plan, compliance procedures and monitoring requirements, recordkeeping and reporting requirements established in this rule.

The Respondent failed to comply with the requirements of 326 IAC 8-11.

 

4.                  Pursuant to 326 IAC 2-8-5 and condition B.12 (Annual Compliance Certification) of the Federally Enforceable State Operating Permit (FESOP) 089-10041-00443, an Annual Compliance Certification is required to be submitted no later than April 15 of each year.

The Respondent failed to timely submit the 1999 Annual Compliance Certification, a violation of condition B.12 of FESOP 089-10041-00443.

 

5.                  Pursuant to 326 IAC 2-8-4 and condition B.15 (Deviations from Permit Requirements and Conditions) of FESOP 089-10041-00443, an Emergency/Deviation Occurrence Report is required to be submitted within ten (10) calendar days from the date of discovery of the deviation.

The Respondent failed to timely submit an Emergency/Deviation Occurrence Report when the 2.0 tons per month VOC limit was exceeded May 1999 through October 1999 and January through August 2000.  Respondent failed to timely submit an Emergency/Deviation Occurrence Report when the 25 tons per year VOC limit was exceeded February 2000 through August 2000, violations of permit condition B.15 of FESOP 089-10041-00443.

 

6.                  Pursuant to 326 IAC 2-8-4 and condition D.1.1 (Volatile Organic Compounds) of FESOP 089-10041-00443, in order to limit the source-wide potential to emit VOCs to less than 25 tons per year, a 2.0 tons per month VOC usage limit for the four (4) spray booths was established.

The Respondent exceeded the 2.0 tons per month limit May 1999 through October 1999, January 2000 through October 2000, January 2001 through January 2002, March 2002, June 2004 and October 2004.  The Respondent exceeded the 25 tons per year limit from January 2000 through July 2002, violations of condition D.1.1 of FESOP 089-10041-00443.

 

7.                  Pursuant to 326 IAC 2-8-4 and condition D.1.9 of FESOP 089-10041-00443, the dry filters for PM control are to be in operation when the four (4) spray booths are in operation.

The Respondent had removed approximately five percent (5%) of the filters in booths EU-01C and EU-01D during the time the booths were in operation as observed during the inspection on November 17, 2000, a violation of Permit condition D.1.9 of FESOP 089-10041-00443.

 

In accordance with IC 13-30-3-3, the Commissioner herein provides notice that a violations may exist and offers an opportunity to enter into an Agreed Order providing for the action required to correct the violations and for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than sixty (60) days.

 

As provided in IC 13-30-3-4, an alleged violator may enter into an Agreed Order without admitting that the violations occurred. IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violations and avoidance of extensive litigation. Timely settlement by Agreed Order may result in a reduced civil penalty. Also, settlement discussions will allow the opportunity to present any mitigating factors that may be relevant to the violations.

 

If an Agreed Order is not entered into within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the actions that must be taken to correct the violations and requiring the payment of an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day for each violation.

 

Please contact Lynne Sullivan at (317) 233-5521 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.

 

 

For the Commissioner

 

 

 

 

 

 

Date:

Signed 11/17/05

 

Matthew T. Klein

 

Assistant Commissioner for

 

Compliance and Enforcement

 

 

 

 

cc:

Laurence McHugh, Barnes & Thornburg

 

Rochelle Marceillars, US EPA Region 5

 

Lake County Health Department

 

Jay Rodia, Office of Legal Counsel

 

Lynne Sullivan, Office of Enforcement

 

Ramesh Tejuja, Northwest Regional Office

 

Paul Dubenetzky, Office of Air Quality

 

OAQ Public File

 

Enforcement File

 

http://www.IN.gov/idem