NOTICE OF VIOLATION

 

 

Via Certified Mail #:

Via Certified Mail #:

 

__________________

___________________

 

 

 

To:

James P. Hallet, President

Karen Turner, Registered Agent

 

Adesa Indianapolis, Inc.

Adesa Indianapolis, Inc.

 

310 E 96th Suite 400

310 E 96th Suite 400

 

Indianapolis, IN  46240

Indianapolis, IN  46240

 

Case No. 2005-14590-A

 

Based on an investigation on August 8, 2004, the Indiana Department of Environmental Management (IDEM) has reason to believe the Adesa Indianapolis, LLC (Respondent) has violated environmental rules.  The violations are based on the following:

 

1.                  Respondent operates an automotive paint facility located at 2950 E Main Street in Plainfield, Hendricks County Indiana (the “Site”).

 

A.                 Pursuant to 326 IAC 2-1-3, a source or facility which has allowable emissions of twenty-five (25) tons or more per year of any regulated pollutant shall apply for and obtain a construction permit prior to commencing construction.

Facilities located at this source, three automotive paint spray booths, were constructed without first applying for and obtaining a construction permit, a violation of 326 IAC 2-1-3.

 

B.                 Pursuant to 326 IAC 2-1-4, a source or facility which has allowable emissions of twenty-five (25) tons or more per year of any regulated pollutant shall apply for and obtain an operating permit prior to commencing operation.

This facility began operating without first applying for and obtaining an operating permit, a violation of 326 IAC 2-1-4.

 

C.                Pursuant to 326 IAC 2-7-3, no Part 70 source may operate after the time that it is required to submit a timely and complete application except in compliance with a Part 70 permit issued under this rule.  A source can continue to operate without being in violation of this rule if it submits a timely and complete application. This source operated without submitting a timely and complete Part 70 permit application, a violation of 326 IAC 2-7-3.

Pursuant to 326 IAC 2-7-4 a timely Part 70 application is one that is received within twelve (12) months after the source becomes subject to the Part 70 permit program.  For applicable sources in existence on December 14, 1995, the deadline is December 13, 1996.  For other sources, the deadline is twelve (12) months from the date the source first meets an applicability criterion of section 2 of this rule.  This source failed to submit a timely Part 70 application, a violation of 326 IAC 2-7-4.

 

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.

 

Please contact Kristopher M. Grinnell at (317) 233-1133 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.

 

 

 

FOR THE COMMISSIONER:

 

 

 

 

 

 

Date:

 

Signed 1/24/06

 

 

Matthew T. Klein

 

 

Assistant Commissioner for

 

 

Compliance and Enforcement

 

 

 

cc:

Hendricks County Health Department

 

Office of Legal Counsel

 

Kristopher M. Grinnell, Office of Enforcement

 

Nathan Bell, Office of Air Quality

 

OAQ Public File

 

Enforcement File

 

http://www.IN.gov/idem