NOTICE OF VIOLATION

 

Via Certified Mail #:

Via Certified Mail #:

7002 0510 0004 0442 3497

7002 0510 0004 0442 3503

John P. Guequierre, President

CT Corporation System, Registered Agent

Schult Operating Company

36 S. Pennsylvania Street, Suite 700

Schult Homes Corporation, Frame Division

Indianapolis, IN 46204

221 U.S. 20 West

 

Middlebury, IN 46540

 

 

Case No. 2003-13287-A

 

Based on an investigation on April 15, 2003, the Indiana Department of Environmental Management (IDEM) has reason to believe the Schult Homes Corporation; Frame Division (Respondent) has violated an environmental rule.  The violations are based on the following:

 

1.                  Respondent operates a manufacturing company of module housing with ID number 039-00113 located at 241 U.S. 20 West in Middlebury, Elkhart County, Indiana (the “Site”).

 

2.         Pursuant to 326 IAC 2-6-3, the owner or operator of any facility in Elkhart County with the potential to emit volatile organic compounds (VOCs) or oxides of nitrogen (NOx) at levels greater than ten (10) tons per year annually shall submit an emission statement to the Commissioner by April 15 of the following year.  This source failed to submit their emission statement for 2002 by April 15, 2003, a violation of 326 IAC 2-6-3.

 

In accordance with IC 13-30-3-3, the Commissioner herein provides notice that a violation may exist and offers an opportunity to enter into an Agreed Order providing for the action required to correct the violation 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 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violation occurred.  IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violation 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 violation.

 

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 violation 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 Brenda Mathews at (317) 232-8408 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.

 

For the Commissioner:

Signed on December 09, 2004

Felicia A. Robinson

Deputy Commissioner for

Legal Affairs

 

cc:        Elkhart County Health Department

Office of Legal Counsel

Jennifer Parr, Strata Environmental

Brenda Mathews, Office of Enforcement

Michele Boner, Office of Air Quality

Office of Air Quality Public File

Enforcement File

http://www.in.gov/idem