NOTICE OF VIOLATION
Via Certified Mail# _________________ Via Certified Mail# _________________
To: Mr. Damian J. Macahuso, President C T Corporation System, Registered Agent
Lau Industries, Inc. for Lau Industries, Inc.
4509 Springfield Street 36 South Pennsylvania Street, Suite 700
Dayton, Ohio 45431 Indianapolis, Indiana 46204
Case No.: 2003-12662-A
Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on November 27, 2002, Lau Industries, Inc., which owns and operates a stationary fan manufacturing facility located at 843 Indianapolis, Marion County, Indiana was in violation of the following environmental statute(s), rule(s) and/or permit(s):
A. Pursuant to 326 IAC 2-7-4(f), any application form, report, or compliance certification submitted under this rule shall contain certification by a responsible official, of truth, accuracy, and completeness. The Annual Compliance Certification submitted in 2002 for CY 2001 data contained information that was inaccurate, a violation of 326 IAC 2-7-4(f).
B. Pursuant to Permit Condition B.11 of the Part 70 Permit F011-6263-00039, any application form, report or compliance certification submitted under Permit F011-6263-00039 shall contain certification by a responsible official of truth, accuracy, and completeness. This source failed to include the required certification statement with the quarterly reports, a violation of Permit Condition B.11 of the Part 70 Permit F011-6263-00039.
C. Pursuant to Permit Condition D.1.6 and D.2.3 of the Part 70 Permit F011-6263-00039, a Preventative Maintenance Plan is required for Booth 1, 2 and 3 and the coal slag shot blaster. A Preventative Maintenance Plan has not been developed for Booth 1, 2 and 3 or the coal slag shot blaster, a violation of Permit Condition B.13, D.1.6 and D.2.3 of the Part 70 Permit F011-6263-00039.
D. Pursuant to Permit Condition D.1.7 of the Part 70 Permit F011-6263-00039, the Permitte shall maintain records to establish compliance with Hazardous Air Pollutant (HAP) usage limits and HAP emission limits established in the Permit. This source did not maintain accurate records of the weight of HAPs emitted for each compliance period, considering capture and control efficiency, a violation of Permit Condition D.1.7 of the Part 70 Permit F011-6263-00039.
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 April 25, 2003
Date: _______________ _________________________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: Mr. Rick Risotti, Lau Industries, Inc.
Boone County Health Department
Mr. Dave Cline, Office of Air Quality
Mr. Jay Rodia, Office of Legal Counsel
Ms. Linda L. McClure, Office of Enforcement
Public File (011-00039)
Enforcement File (2003-12662-A)
Cc: Mr. Rick Risotti
Facility Engineer Manager
Lau Industries, Inc.
843 Indianapolis Avenue
Lebanon, Indiana 46052