NOTICE OF VIOLATION

 

Via Certified Mail# _________________ Via Certified Mail# _________________

To: Mr. James Orchard C T Corporation System, Registered Agent

President, North America and Asia for Visteon Systems, LLC

Visteon Systems, LLC 36 South Pennsylvania Street

17000 Rotunda Drive Suite 700

Dearborn, Michigan 48121 Indianapolis, Indiana 46204

Case No.: 2002-12586-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on November 4, 2002, Visteon Systems, LLC, which owns and operates a stationary automotive part manufacturing plant, located at 4747 Western Avenue, Connersville, Fayette County, Indiana was in violation of the following environmental statute(s), rule(s) and/or permit(s):

A. Pursuant to Permit condition C.19(c)(3) of the Part 70 Permit T041-6896-00004, records of all required monitoring data and support information shall be retained for a period of at least five years from the date of monitoring sample, measurement, report or application. A commitment inspection on November 4, 2002, determined that calibration and maintenance records were not being maintained, a violation of Permit condition C.19(c)(3) of the Part 70 Permit T041-6896-00004.

B. Pursuant to Permit condition D.4.4 of the Part 70 Permit T041-6896-00004, the Permittee shall maintain records of the operating temperature and the gas residence time in the oxidizing zone for each of the two thermal incinerators of the two thermal de-oilers (#1 and #2). A commitment inspection on November 4, 2002, determined that prior to September 23, 2002, records of the operating temperature for the thermal incinerators had not been maintained. Also, provisions for monitoring and recording the gas residence time in the oxidizing zone had not been implemented, a violation of Permit condition D.4.4 of the Part 70 Permit T041-6896-00004.

Pursuant to Permit condition D.8.9(a) and (3) of the Part 70 Permit T041-6896-00004, the Permittee shall maintain continuous temperature records and the gas residence time in the oxidizing zone for the thermal incinerator of the thermal de-oiler #3. A commitment inspection on November 4, 2002, determined that prior to September 23, 2002, records of the continuous temperature of the thermal incinerator had not been maintained. Also, provisions for monitoring and recording the gas residence time in the oxidizing zone had not been implemented a violation of Permit condition D.8.9(a) and (3) of the Part 70 Permit T041-6896-00004.

C. Pursuant to Permit condition D.4.1 and D.8.8(a) of the Part 70 Permit T041-6896-00004, The thermal incinerator shall operate at all times that the process is in operation. When operating the thermal incinerators, the Permittee shall maintain a minimum operating temperature and an established gas residence time in the oxidizing zone. A commitment inspection on November 4, 2002, was unable to determine that the thermal incinerator had been in operation at all times during process operation, a violation of Permit condition D.4.4 and D.8.8(a) of the Part 70 Permit T041-6896-00004.

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 L. 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 March 17, 2003

Date: _______________ _________________________

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

 

cc: Mr. Jospeh King, Visteon Systems, LLC

Fayette County Health Department

Mr. Joe Foyst, Office of Air Quality

Mr. Jay Rodia, Office of Legal Counsel

Ms. Linda L. McClure, Office of Enforcement

Public File (041-00004)

Enforcement File (2002-12586-A)

 

CC Address:

Mr. Joseph King

Environmental Engineer

Visteon Systems, LLC

4747 Western Avenue

Connersville, Indiana 47331