NOTICE OF VIOLATION
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Via Certified Mail
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Via Certified Mail
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To: |
W. Michael Jones, President |
CT Corporation
System, Registered Agent |
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Dexter Axle Company |
Dexter Axle
Company |
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Case No. 2004-14194-A
Based on an investigation, the Indiana Department of Environmental Management (IDEM) has reason to believe that Dexter Axle Company, a Division of Tomkins Industries, Inc. (Respondent) has violated environmental rules. The violation is based on the following:
1.
Respondent owns and operates a stationary motor vehicle parts and accessories manufacturing facility
with federal ID 113-000008, located at
2. Pursuant to 326 IAC 2-4.1-1, incorporating by reference 40 CFR 63 Subpart B, no major HAP source that meets the applicability requirements (i.e. constructed after July 27, 1997) and has a single HAP emissions greater than 10 tpy or combined HAP emissions greater than 25 tpy, may begin actual construction or reconstruction of a major source of HAP without an exempt or MACT determination.
This source failed to receive a MACT determination or exempt, while constructed and began operating in the year of 2000 a dip tank identified as EU-07, a major single HAP source, a violation of 326 IAC 2-4.1-1, incorporating by reference 40 CFR 63 Subpart B.
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 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
Felicia A. Robinson
Deputy Commissioner
For Legal Affairs
cc: Rochelle A. Marceillars, US EPA Region 5
Noble County Health Department
Office of Legal Counsel
Doyle Houser, Northern Regional Office
Michael Schafer, MES
Duane Van Laningham, Office of Air Quality
Michael Stonik, Office of Enforcement
Enforcement File
OAQ Public file
http://www.in.gov/idem/enforcement