NOTICE OF VIOLATION

 

Via Certified Mail #:

Via Certified Mail #:

Mr. Gregory R. Bontrager

C T Corporation System, Registered Agent

Cellofoam North America, Inc.

Cellofoam North America, Inc.

581 Sigman Road

36 South Pennsylvania Street, Suite 700

P.O. Box 406

Indianapolis, Indiana  46204

Conyers, Georgia 30207

 

                                                                                   

                       

Case No.  2004-13852-A       

 

Based on ongoing investigations, the Indiana Department of Environmental Management (IDEM) has reason to believe that Cellofoam North America, Inc. (Respondent) has violated environmental rule(s) and/or permit(s).  The violations are based on the following:

 

            Respondent owns and/or operates a stationary expanded polystyrene insulation board manufacturing facility, plant ID No. 071-00025 located at 150 Crossroads Drive in Whiteland, Johnson County, Indiana (Site).

 

            Pursuant to condition B.12 of FESOP No. 081-10968-00017, this facility, a stationary expanded polystyrene insulation board manufacturing facility, must submit an annual compliance certification report which addresses the status of the source’s compliance with the terms and conditions of the FESOP as required by 326 IAC 2-8-5(a)(1), by July1 of each year to cover the time period from January 1 to December 31 of the previous year. 

 

On September 30, 2003, Respondent failed to submit the annual compliance certification for the year 2002 by July 1, 2003, a violation of this FESOP condition.

 

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 13-30-3-4, 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.

 

To discuss this matter further, please contact Amy Moreland at 317.232.8428 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   8/27/04

 

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

 

cc:        Johnson County Health Department

            Office of Legal Counsel

            Imelda Boatman, Air Compliance Branch

Amy Moreland, Office of Enforcement

            Vaughn Ison, Air Compliance Inspector

            Enforcement File 2004-13852-A

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