NOTICE OF VIOLATION

 

 

Via Certified Mail #                                                                                       

 

 

Randal R. Koetter, President &  Registered Agent

Koetter Woodworking, Inc.

533 Louis Smith Road

Borden, Indiana  47106

 

Case No. 2004-13803-A

 

Based on an investigation on June 13, 2003, the Indiana Department of Environmental Management (IDEM) has reason to believe the Koetter Woodworking, Inc., (Respondent) has violated a permit.  The violations are based on the following:

 

1.         Respondent owns and/or operates a saw work, millwork, and wood molding production plant located at 533 Louis Smith Road in Borden, Clark County, Indiana (the "Site").

 

A.        Pursuant to condition B.11 of Part 70 No. T019-7067-00079, this facility, a saw work, millwork, and wood molding production plant, must submit an annual compliance certification report which addresses the status of the source’s compliance with the terms and conditions of the Part 70 permit as required by 326 IAC 2-7-6(1), by April 15 of each year to cover the time period from January 1 to December 31 of the previous year.  This facility failed to submit the annual compliance certification for the year 2002 by April 15, 2003, a violation of this Part 70  permit condition.

 

In accordance with IC 13-30-3-3, the Commissioner herein provides notice that a violation[s] may exist and offers an opportunity to enter into an Agreed Order providing for the action required to correct the violation[s] 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 violation[s] occurred.  IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violation[s] 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[s].

 

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.

 

Please contact Amy L. Moreland at 317.232.8428 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.

 

 

For the Commissioner:

 

                                                                                    Signed 6/11/04

Date:                                                                                                                           

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

 

 

cc:        Office of Legal Counsel

Imelda Boatman, Air Compliance Branch/ OAQ

Raymond Schick, OAQ

Amy Moreland, Office of Enforcement

Public File

Enforcement File 2004-13803-A