NOTICE OF VIOLATION

 

Via Certified Mail #:

 

Via Certified Mail #:

 

 

 

 

 

 

To:

H. Patrick Jack, President
Essex Group, Inc.
1601 Wall Street
Ft. Wayne, IN  46802

 

Essex Group, Inc.
c/o CT Corporation System, Registered Agent
251 E. Ohio St., Suite 1100
Indianapolis, IN  46204

 

Case No. 2005-14525-A

 

Based upon ongoing investigations, the Indiana Department of Environmental Management (“IDEM”) has reason to believe that Essex Group, Inc., (“Respondent”) has violated its environmental permit.  The violations are based on the following:

 

1.                  Respondent owns and operates the magnet wire manufacturing facility, plant ID. No. 083-00008, located at 1299 East Essex Road in Vincennes, Knox County, Indiana (“Site”).

 

2.                  Pursuant to Operation Permit No. 083-7422-00008, operation condition No. D.1.3, the integral thermal oxidizers associated with units 201E and 201W through 216 E and 216W, shall control VOC emissions from these magnet wire emission units and achieve a minimum of one-hundred percent (100%) capture efficiency and ninety-eight and five tenths percent (98.5%) destruction efficiency. This has been determined to be BACT for these magnet wire emission units pursuant to 326 IAC 2-2-3.

A representative of IDEM’s Office of Air Quality reviewed the results from VOC testing conducted at the site on September 22, 2004.  These test results indicated that during this testing, the thermal oxidizer and curing oven designated as magnet wire unit 209W had an average measured destruction efficiency of ninety-six and seven tenths percent (96.7%), a violation of Operation Permit No. 083-7422-00008, operation condition No. D.1.3, and 326 IAC 2-2-3.

 

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 13-30-3-3, 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 Matthew Stuckey at (317) 233-1134 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 June 2, 2005

 

 

 

Matthew T. Klein

 

 

 

Assistant Commissioner for

 

 

 

Compliance and Enforcement

 

cc:       Rochelle Marceillars, U. S. EPA Region 5
Knox County Health Department
Office of Legal Counsel
Derrick Ohning, Office of Air Quality – SWRO
Matthew Stuckey, Office of Enforcement
Enforcement File
Public File
http://www.in.gov/idem/