NOTICE OF VIOLATION
Via Certified Mail# __________________ Via Certified Mail# __________________
To: Mr. John M. DeJohn, President Mr. John DeJohn, Registered Agent for
Forrest Automotive Design, Inc. Forrest Automotive Design, Inc.
53574 Cleveland Estates Drive 57884 C. R. 3
Elkhart, Indiana 46514 Elkhart, Indiana 46517
Case No. 2003-12805-A
Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on March 24, 2003, Forrest Automotive Design, Inc., which owns and operates a stationary dash kit and steering wheel surface coating facility, located at 57884 C. R. 3, Elkhart, Elkhart County, Indiana and was found 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. This source, a stationary dash kit and steering wheel surface coating facility, was 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 facility, noted in paragraph A above, 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, no Part 70 source may operate after the time that it is required to submit a timely and complete 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 to 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.
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 2/17/04
Date: _______________ _________________________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: Elkhart County Health Department
Mr. Paul Kackiewicz, Office of Air Quality, NRO
Office of Legal Counsel
Ms. Linda McClure, Office of Enforcement
Enforcement file (2003-12805-A)
Public file (039-00565)