NOTICE OF VIOLATION
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Via Certified Mail #: |
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To: |
Dennis
Turner, President |
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Alvin
J. Katzman, Registered Agent |
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Tatham & Associates, Inc. |
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Villa
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Case No. 2004-14278-A
Based on an investigation, the Indiana Department of Environmental
Management (IDEM) has reason to believe that WebPlus,
Inc. (Respondent) has violated environmental rules and permits. The violations are based on the following:
1.
Respondent owns and operates a stationary heatset web offset printing press source with ID number
011-00026 located at 720 Ransdell Road in Lebanon,
Boone County, Indiana (the “Site”).
2.
Pursuant to condition B.12 of FESOP No.
011-11070-00026, this facility, a printing press, 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 July 1 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 July 1, 2003, and for the year 2003 by July 1, 2004, a violation of
this FESOP condition B.12 and 326 IAC 2-8-5(a)(1).
3.
Prsuant to conditions D.1.2 and
D.2.5 of FESOP No. 011-11070-00026, this facility requires use of the best
available control technology (BACT) for the two (2) natural gas fired catalytic
oxidizers identified as catalytic oxidizer #1 and #2, respectively, and shall
operate with a minimum temperature of 650°F and 550°F, respectively, which
addresses the status of the source’s compliance with the terms and conditions
of the FESOP as required by 326 IAC 8-1-6.
This facility operated below the required temperatures for the
two (2) natural gas fired catalytic oxidizers identified as catalytic
oxidizer #1 and #2, a violation of FESOP conditions D.1.2, D.2.5 and 326 IAC
4.
Pursuant to conditions D.1.4 and D.2.7 of FESOP No.
011-11070-00026, this facility shall continuously record the combustion chamber
temperatures for the two (2) natural gas fired catalytic oxidizers identified
as catalytic oxidizers #1 and #2, respectively, in conjunction while operating
with the one (1) half web press and dryer, Press #1 and Press #2 respectively,
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).
This facility failed to maintain temperature measurement records for catalytic
oxidizers #1 and #2 while operating Press #1 and Press #2, respectively, a
violation of FESOP conditions D.1.4, D.2.7 and 326 IAC 2-8-5(a)(1).
5.
Pursuant to condition D.2.6 of FESOP No.
011-11070-00026, this facility shall perform volatile organic compound (VOC)
testing for overall control efficiency on Press #2 during the period between 30
and 36 months after
A performance test, to determine overall VOC control efficiency for Press# 2
was not conducted in the required time frame, a violation of FESOP condition
D.2.6 and 326 IAC 2-8-4(3).
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.
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For
the Commissioner: |
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Date: |
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Signed
on |
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Matthew
T. Klein |
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Assistant
Commissioner |
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for
Compliance and Enforcement |
cc: Boone County Health Department
Jay Rodia, Office of Legal Counsel
Brenda Mathews, Office of Enforcement
David Rice, Office of Air Quality
OAQ Public File
Enforcement File
http://www.IN.gov/idem