NOTICE OF VIOLATION
Via Certified Mail# _________________
Via Certified Mail# _________________To: Mr. Richard E. Forbes, President Corporation Service Company
Masterbrand Cabinets, Inc. Registered Agent
One Masterbrand Cabinets Drive 251 East Ohio Street, Suite 500
P. O. Box 420 Indianapolis, Indiana 46204
Jasper, Indiana 47547
Case No. 2001-11045-A
Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), The Masterbrand Cabinets, Inc., which is located at 614 West Third Street, Ferdinand, Dubois County, Indiana, is in violation of the following environmental statute(s), rule(s), and/or permit(s):
A. Pursuant to 326 IAC 2-2, any stationary source which is located or may be located in an attainment or unclassifiable area as designated in 326 IAC 1-4 and which has the potential to emit two hundred and fifty (250) tons per year or more of any pollutant subject to regulation under the Clean Air Act must apply for and obtain a PSD permit prior to construction and commencing operation. Respondent constructed and commenced operation of a wood furniture manufacturing operation (plant 4/22), with actual emissions of two hundred and fifty tons per year or more of volatile organic compounds (VOCs), without first applying for and obtaining a PSD permit, a violation of 326 IAC 2-2.
In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged violator in writing that a violation may exist and offer an opportunity to enter into an Agreed Order providing for the actions 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.
Entering into an Agreed Order will prevent the issuance of a Notice and Order of the Commissioner under IC 13-30-3-4, or the filing of a civil court action under IC 13-14-2-6. IDEM encourages settlement by Agreed Order, thereby saving time and resources. Timely settlement by Agreed Order may result in a reduced civil penalty. Settlement discussions will also allow the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violation occurred.
If settlement is not reached within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken to achieve compliance, the required time frames, and 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.
To discuss this matter further, please contact Linda McClure at 317-232-8408 within fifteen (15) days after receipt of this Notice to request a conference. If settlement is reached, an Agreed Order will be prepared and sent for review and signature.
For the Commissioner:
Signed 4/19/02
Date: _______________ _________________________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: Ms. Jean Bauer, U.S. EPA, Region V
Dubois County Health Department
Mr. Gurinder Saini, Office of Air Quality
Mr. Jay Rodia, Office of Legal Counsel
Ms. Linda McClure, Office of Enforcement
Enforcement file (2001-11045-A)
Public file (O37-0051)