NOTICE OF VIOLATION

 

Via Certified Mail #:

 

Via Certified Mail #:

 

7000 0600 0027 2039 0617

 

7000 0600 0027 2039 0631

 

 

To:

Douglas L. Lippert, President
Lippert Components, Inc
4351 Gulf Shore Blvd. North Ph#3
Naples, FL 46526

 

Mike Davis, Registered Agent
77 Greenway
Goshen, IN 46528

 

Case No. 2005-14629-A

 

Based on an investigation on January 27, 2005, the Indiana Department of Environmental Management (IDEM) has reason to believe that Lippert Components, Inc. – Middlebury Frame Division (Respondent) has violated its environmental permit.  The violations are based on the following:

 

1.                  Respondent owns and operates a mobile home frame production plant with ID number 039-00534 located at 51040 Greenfield Parkway in Middlebury, Elkhart County, Indiana (the “Site”).

 

2.                  Pursuant to 326 IAC 2-8-3(h) and condition B.17 of the Federally Enforceable State Operating Permit (“FESOP”) No. 039-11921-00534, for purposes of a FESOP renewal, a timely application is one that is submitted at least nine (9) months prior to the expiration of the source’s existing permit.

The FESOP for this source will expire on June 05, 2005, however a FESOP renewal application was not submitted until January 27, 2005.  This application was submitted less than nine (9) months prior to the expiration of the source’s existing permit, a violation of 326 IAC 2-8-3(h) and condition B.17 of permit 039-11921-00534.

 

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 Brenda Mathews at (317) 232-8408 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.

 

 

 

 

For the Commissioner:

Date:

 

 

Signed on May 16, 2005

 

 

 

Matthew T. Klein

 

 

 

Assistant Commissioner

 

 

 

for Compliance and Enforcement

 

cc:       Elkhart County Health Department
Office of Legal Counsel
Brenda Mathews, Office of Enforcement
David Lawrence, Northern Regional Office
Paul Karkiewicz, Northern Regional Office
Office of Air Quality Public File
Enforcement File
http://www.in.gov/idem