NOTICE OF VIOLATION

 

Via Certified Mail #:

Via Certified Mail #:

_______________________________

__________________________

To:

Thomas R. Jones, President

Rex Norris, Registered Agent

 

RMG Foundry, LLC

RMG Foundry, LLC

 

500 S. Union St.

500 S. Union St.

 

Mishawaka, IN  46544

Mishawaka, IN  46544

 

Case No.  2004-14192-A

 

Based on an investigation on July 20, 2004, the Indiana Department of Environmental Management (IDEM) has reason to believe that RMG Foundry, LLC (Respondent) has violated environmental statute(s), rule(s) and/or permit(s).  The violations are based on the following:

 

1.                  Respondent owns and operates a foundry with Plant ID number 141-00007 located at 500 South Union Street in Mishawaka, St. Joseph County, Indiana (the “Site”).

 

A.                 Pursuant to 326 IAC 6-4-2(4), no source shall allow fugitive dust to visibly cross the boundary or property line of a source.

 

This source allowed fugitive emissions of thick white smoke emitted from ductile iron inoculation to exit from several building openings and cross property lines at ground level, a violation of 326 IAC 6-4-2(4).

 

B.                 Pursuant to permit condition D.5.7 of permit T 141-6087-00007, the baghouses and cyclone for PM control emissions from the three (3) mechanical blasters (wheel blast, rail blast and #1 spinner hanger), known as EU 5-1, the grinding operation, known as EU 5-2, the grinding operation, known as EU 5-3, the #2 Wheelabrator spinner hanger mechanical blaster, known as EU 5-4, and the two (2) tumblast mechanical blasters, known as EU 5-6 at all times that these processes are in operation.

 

During an inspection, conducted at RMG Foundry, LLC on July 20, 2004, grinders 8 and 9 were observed running without the cyclone, a violation of permit condition D.5.7 of permit T 141-6087-00007.

 

C.                 Pursuant to permit condition D.6.10 of permit T 141-6087-00007, the permittee shall record the total static pressure drop across the scrubbers used in conjunction with any of the seven (7) core machines using the iso-set core-making process consisting of four (4) Gaylord core machines, known as EU 7-4a, the Laempe LL 30 core machine, known as EU 7-4b and the two (2) Shalco core machines, known as EU 7-8, at least once per shift when any of the core machines are in operation when venting to the atmosphere.  When for any one reading, the pressure drop across the scrubbers are outside the normal range of 2.0 and 8.0 inches of water, the Permitee shall take reasonable response steps in accordance with Section C – Compliance Response Plan – Preparation, Implementation, Records, and Reports.  A pressure reading that is outside the above mentioned range is not a deviation from this permit.  Failure to take response steps in accordance with section C – Compliance Response Plan – Preparation, Implementation, Records, and Reports, shall be considered a violation of this permit.

 

During an inspection of the static pressure drop records, conducted at RMG Foundry, LLC on July 20, 2004, both the Gaylord scrubber and Laempe scrubber records showed the static pressure drop readings were consistently outside of the range specified in the permit, there was no evidence response actions were taken to correct the static pressure from one non-compliant reading to the next, a violation of permit condition D.6.10 of permit T 141-6087-00007. 

 

In accordance with IC 13-30-3-3, the Commissioner herein provides notice that 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 13-30-3-3, 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 Kristopher M. Grinnell at (317) 233-1133 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 12/11/05

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

 

cc:        St. Joseph County Health Department

Jay Rodia, Office of Legal Counsel

David Lawrence, Northern Regional Office

Richard Sekula, Office of Air Quality

Kristopher M. Grinnell, Office of Enforcement

Enforcement File

OAQ Public file

http://www.IN.gov/idem