NOTICE OF VIOLATION

 

 

Via Certified Mail #:

Via Certified Mail #:

Mr. Donald Mason, President

Mr. Ralph Mason, Registered Agent

Mason Corporation

for Mason Corporation

P. O. Box 38

1049 US HWY 41

Schererville, IN 46375

Schererville, IN 46375

 

 

Case No. 2004-13701-A        

 

Based on an investigation, the Indiana Department of Environmental Management (IDEM) has reason to believe that Mason Corporation (Respondent) has violated environmental rules.  The violations are based on the following:

 

1.                  Respondent owns and operates a chemical compounds of tin manufacturing facility with Federal ID number 089-00094 located at 1049 US Highway 41 in Schererville, Indiana, Lake County (the “Site”).

 

2.         Pursuant to 326 IAC 2-5.1-3(a), a source or facility which has potential 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.  Pursuant to 326 IAC 2-5.1-3(i), a source or facility which has potential emissions of twenty-five (25) tons or more per year of any regulated pollutant shall not operate any source, facility, or unit prior to receiving a validation letter issued by the commissioner.

 

 Facilities located at this source, two fusion reactors identified as FR-1 and FR-2, were constructed in 1997 and 2000, respectively, without first applying for and obtaining a construction permit and began operating without first obtaining a validation letter, violations of 326 IAC 2-5.1-3(a) and 326 IAC 2-5.1-3(i).

 

3.         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 except in          compliance with a Part 70 permit issued under this rule.  A source can       continue to operate without being in violation of this rule if it submits a    timely and complete application.

 

            This source operated without submitting a timely and complete Part 70 permit application, a violation of 326 IAC 2-7-3.

 

4.                  Pursuant to 326 IAC 2-7-4 a timely Part 70 application is one that is received within twelve (12) months after the source becomes subject to the Part 70 permit program.  For applicable sources in existence on December 14, 1995, the deadline is December 13, 1996.  For other sources, the deadline is twelve (12) months from the date the source first meets an applicability criterion of section 2 of this rule.

 

This source failed to submit a timely Part 70 application because this source’s Part 70 permit application was received on February 21, 2002, 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 herein provides notice that a 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 violation[s] 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.

 

To discuss this matter further, please contact Mr. Michael Stonik at (317) 233-0033 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 on August 18, 2004

 

Felicia A. Robinson

Deputy Commissioner

For Legal Affairs

 

cc:        Rochelle A. Marceillars, US EPA Region 5

            Lake County Health Department

            Office of Legal Counsel

            Michael Stonik, Office of Enforcement

            Kristin Clapp, ERP

            Duane VanLeningham, Office of Air Quality

            Bob Simmons, Northwest Regional Office

            Enforcement File

            Public File

            http://www.in.gov/idem/enforcement/