NOTICE OF VIOLATION
|
Via
Certified Mail# |
|
|
Via
Certified Mail# |
|
|
|
|
|
|
|
||
|
To: |
Larry J. Winget, President |
|
CT Corporation System,
Registered Agent |
||
|
|
Venture Holdings Company |
|
251 |
||
|
|
|
|
|
||
|
|
|
|
|
||
|
|
|
|
|
||
Case No. 2004-14200-A
Based on an investigation on
1.
Respondent owns a source that operates an injection
molding, finishing and painting of custom automotive parts and components plant
with ID number 075-00005 located at
2.
Pursuant to 326 IAC 2-7-6 and condition C.16(a)(5) of
the Title V Permit No. 075-6961-00005, the permittee is required to implement a
compliance monitoring plan to ensure that reasonable information is available
to evaluate its continuous compliance with applicable requirements.
On March 30, 2004, it was determined that the source did not have a compliance
response plan in place for the surface coating operations or the sanding
operations, a violation of 326 IAC 2-7-6 and condition C.16(a)(5) and Permit
No. T6961.
3.
Pursuant to 326 IAC 2-7-6 and condition D.1.5 of the
Title V Permit No. 075-6961-00005, in order to demonstrate compliance the
Permittee shall perform Volatile Organic Compound (VOC) testing of catalytic
fume incinerator exhausting through the stacks to determine the capture and
destruction efficiencies for overall VOC control.
On
4.
Pursuant to 326 IAC 2-7-6 and condition D.1.10(a) of
the Title V Permit No. 075-6961-00005, a continuous monitoring system shall be
calibrated, maintained, and operated on the catalytic fume incinerator for
measuring operating temperature. The
source shall record output of this system and that temperature greater than or
equal to the temperature used to demonstrate compliance during the most recent
stack test.
During the period of 01/14/03 through 03/30/03, the source failed to maintain
data of continuous operating temperature for the catalytic fume incinerator for
forty-one (41) days, violations of 326 IAC 2-7-6 and condition D.1.10(a) of
Permit No. T6961.
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
13-30-3-3, 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 violations 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 Brenda
Mathews at (317) 232-8408 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: |
|
Date: |
|
|
Signed
on |
|
|
|
|
Matthew
T. Klein |
|
|
|
|
Assistant
Commissioner for |
|
|
|
|
Compliance
& Enforcement |
cc: Jay County Health Department
Joseph Merrick, Office of Legal Counsel
Brenda Mathews, Office of Enforcement
Ryan Hillman, Office of Air Quality
Robert Johnson, Plant Manager - Venture Industries
Office of Air Quality Public File
Enforcement File
http://www.IN.gov/idem