NOTICE OF VIOLATION
Via Certified Mail#
To: Mr. Thomas Crowley, Registered Agent
MPL Corporation
203 North Edgerton
Fairland, Indiana 46126
Case No. 2001-10777-A
Case No. 2001-11066-A
Based on a records review by designated representatives of the Indiana Department of Environmental Management (IDEM) on July 2, 2001, MPL Corporation, Plant ID# 145-00057, located at 203 North Edgerton, Fairland, Shelby County, was in violation of the following environmental statute(s), rule(s), and/or permit(s):
A. Pursuant to 326 IAC 2-6-3, the owner or operator of any facility with the potential to emit carbon monoxide (CO), volatile organic compounds (VOCs), oxides of nitrogen (NOx), particulate matter (PM10), or sulfur dioxide (SO2) into the ambient air at levels equal to or greater than one hundred (100) tons per year to annually submit an emission statement to the Commissioner by July 1 of the following year. This facility/source failed to submit your emission statement for 2000 by July 1, 2001, a violation of 326 IAC 2-6-3.
B. Pursuant to Title V operating permit T145-11933-00057 MPL Corporation is required to submit an annual compliance certification for the facility located at 203 North Edgerton Street, Fairland, Shelby County by July 1st. This facility did not submit the annual compliance certification for the year 2000 by the due date of July 1, 2001, a violation of Title V operating permit T145-11933-00057.
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 Melissa Farrington at (317) 232-8409 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:
Date: _______________ Signed 2/11/02________
Felicia A. Robinson
Deputy Comissioner
for Legal Affairs
cc: Shelby County Health Department
Jay Rodia, Office of Legal Counsel
Melissa A. Farrington, Office of Enforcement
Michele Boner, Office of Air Management
Enforcement File
OAM Public File
http://www.ai.org/idem/