NOTICE OF VIOLATION
Via Certified Mail# _________________
Via Certified Mail# _________________
Mr. Dana Caldwell Mr. Lee McNeely, Registered Agent
President for CGS Services, Inc.
CGS Services, Inc. 30 East Washington
P.O. Box 212 Shelbyville, Indiana 46000
Morristown, Indiana 46161
Case No. 2002-11726-A
Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on June 4, 2001 and July 18, 2002, CGS Services, Inc., located at 11380 North 300 East, Morristown, Henry County, Indiana, was in violation of the following environmental statute(s), rule(s), and/or permit(s):
A. Pursuant to 326 IAC 2-1-3, a source or facility which has allowable emissions of twenty-five (25) tons or more per year of any regulated pollutant shall apply for and obtain a construction permit prior to commencing construction. Three facilities identified as S-1, W-1 and W-2 located at this source, an asphalt production company, were constructed without first applying for and obtaining a construction permit, a violation of 326 IAC 2-1-3.
B. Pursuant to 326 IAC 2-1-4, a source or facility which has allowable emissions of twenty-five (25) tons or more per year of any regulated pollutant shall apply for and obtain an operating permit prior to commencing operation. This source, an asphalt production company, began operating without first applying for and obtaining an operating permit, a violation of 326 IAC 2-1-4.
C. Pursuant to 326 IAC 2-7-3, any Part 70 source which has failed to submit a timely and complete Part 70 permit application may not operate after the time that it is required to submit the Part 70 permit application. This source continued to operate following the December 13, 1996 Part 70 permit submission deadline and prior to applying for and receiving a Part 70 permit, a violation of 326 IAC 2-7-3.
D. Pursuant to 326 IAC 2-7-4, the owner of each Part 70 source shall submit a timely and complete permit application. This source=s Part 70 permit application was received after the December 13, 1996 submission deadline, a violation of 326 IAC 2-7-4.
E. Pursuant to Operating Condition D.1.2(a) and D.1.3 of the Part 70 Operating Permit # T145-14524-00060, 05056 and 05202, particulate matter (PM) emissions from the Portable Warm Mix Asphalt Drum Mixer (W-1) shall be limited to 0.03 gr/dscf (0.574 lb/hr) and 0.04 gr/dscf (0.765 lb/hr). Compliance testing conducted on July 18, 2002 showed PM emissions from Asphalt Drum Mixer (W-1) to be in excess of the allowable limits, in violation of Operating Condition D.1.2(a) and D.1.3 of the Part 70 Operating Permit # T145-14524-00060, 05056 and 05202.
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 April 25, 2003
Date: _______________ _________________________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: Ms. Jean Bauer, EPA, Region V
Mr. Jay Rodia, Office of Legal Counsel
Ms. Linda L. McClure, Office of Enforcement
Mr. D.J. Knotts, Office of Air Quality
Enforcement File (2002-11726-A)
OAQ Public File (#145-00060, 05056 & 05202)