NOTICE OF VIOLATION
Via Certified Mail# _______________
Via Certified Mail# _______________To: James G. Tuthill, Jr., President C T Corporation System, Registered Agent Tuthill Corporation, Fill-Rite Division Tuthill Corporation, Fill-Rite Division
8500 South Madison Street 36 South Pennsylvania Street, Suite 700
Burr Ridge, Illinois 60527 Indianapolis, Indiana 46204
Case No.2002-11520-A
Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on March 19, 2002, an inspection occurred at Tuthill Corporation, Fill-Rite Division, which constructs and operates metal fluid pump coatings, located at 8825 Aviation Avenue, in Fort Wayne, Allen county, Indiana, was in violation of the following environmental statute(s), rule(s) and/or permit(s):
A. Pursuant to 326 IAC 2-7-3, 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. A source can continue to operate without being in violation of this rule if it submits a timely and complete application. This source operated without submitting a timely and complete Part 70 permit application, a violation of 326 IAC 2-7-3. Pursuant to 326 IAC 2-7-4 a timely Part 70 application is one that is received within twelve (12) months after the source becomes subject to the Part 70 permit program. For applicable sources in existence on December 14, 1995, the deadline is December 13, 1996. For other sources, the deadline is twelve (12) months from the date the source first meets an applicability criterion of section 2 of this rule. This source failed to submit a timely Part 70 application because this source’s Part 70 permit application was received on April 1, 2002, after the December 13, 1996 submission deadline, a violation of 326 IAC 2-7-4.
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 Amy L. Moreland at 317.232.8428 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 10/2/02
Date: _______________ _________________________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: Allen County Health Department
Jean Bauer, USEPA Region 5
Amy L. Moreland, Office of Enforcement
Jay Rodia, Office of Legal Council
Jennifer Dorn, OAQ/Air Compliance Section
Enforcement File
OAQ Public File
Michael Schaffer, MES, 165 Broadway, Amityville, NY 11701