NOTICE OF VIOLATION

 

 

Via Certified Mail #:

 

Via Certified Mail #:

 

 

 

Jeffrey Curler, President

Bemis Company, Inc.

222 S. 9th Street

Suite 2300

Minneapolis, MN  55402

 

CT Corporation System, Registered Agent

251 E. Ohio Street

Suite 1100

Indianapolis, IN  46204

 

Case No.  2003-12666-A       

 

Based on an investigation, the Indiana Department of Environmental Management (IDEM) has reason to believe that Bemis Company, Inc. (Respondent) has violated environmental statute(s), rule(s) and/or permit(s). The violations are based on the following: 

 

1.                  Respondent owns and/or operates a stationary polyethylene film plant including film production, printing, and converting operations with Plant ID # 167-00033 located at 1350 North Fruitridge Avenue in Terre Haute, Vigo County, Indiana (the “Site”).

 

2.                  Pursuant to 326 IAC 2-2, any owner or operator of a major stationary prevention of significant deterioration ("PSD") source which makes a major PSD modification, resulting in a significant net emission increase of any pollutant regulated under the Clean Air Act, must apply for and obtain a PSD permit prior to commencing construction and operation. 

 

The Respondent conducted several modifications resulting in significant increases in net emissions at the Site without first applying for and obtaining PSD permits, violations of 326 IAC 2-2.

 

3.                  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.

 

The Respondent began operating several facilities at the Site without first applying for and obtaining an operating permit, violations of 326 IAC 2-1-4.

 

In accordance with IC 13-30-3-3, the Commissioner herein provides notice that violations may exist and offers an opportunity to enter into an Agreed Order providing for the action 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.

 

As provided in IC 13-30-3-4, an alleged violator may enter into an Agreed Order without admitting that the violations occurred. IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violations and avoidance of extensive litigation. Timely settlement by Agreed Order may result in a reduced civil penalty. Also, settlement discussions will allow the opportunity to present any mitigating factors that may be relevant to the violations.

 

If an Agreed Order is not entered into within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the actions that must be taken to correct the violations and requiring the payment of 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.

 

Please contact Lynne Sullivan at (317) 233-5521 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.

 

 

For the Commissioner:

 

 

 

Signed 10/26/04

 

Felicia A. Robinson
Deputy Commissioner
for Legal Affairs

 

 

cc:        James Russler, Division President, Bemis Company, Inc., Terre Haute

            Madonna McGrath, Baker & Daniels

Rochelle Marceillars, US EPA Region 5

            Vigo County Health Department

            George Needham, Vigo County Air Pollution Control

Jay Rodia, Office of Legal Counsel

            April Schultheis, Office of Legal Counsel

Lynne Sullivan, Office of Enforcement

            Nysa James, Office of Air Quality

Jennifer Dorn, Office of Air Quality

            OAQ Public File

            Enforcement File

            http://www.IN.gov/idem