NOTICE OF VIOLATION

 

Via Certified Mail #:

Via Certified Mail #:

_______________________________

_______________________________

 

 

 

To:

Larry Bagwell, President

CT Corporation System ,Registered Agent

 

Rea Magnet Wire Company, Inc.

251 E. Ohio St., Suite 1100

 

3600 E. Pontiac St.

Indianapolis, IN  46204

 

Ft. Wayne, IN  46803

 

 

 

 

Via Certified Mail #:

Via Certified Mail #:

_______________________________

_______________________________

 

 

 

 

J. Steven Whisler, President

CT Corporation System, Registered Agent

 

Phelps Dodge Industries, Inc.

251 E. Ohio St., Suite 1100

 

One North Central Ave.

Indianapolis, IN  46204

 

Phoenix, AZ  85004

 

 

Case Nos.  2004-14398-A and 2005-14923-A

 

Based on an investigation, the Indiana Department of Environmental Management (IDEM) has reason to believe that Rea Magnet Wire Company, Inc. formerly known as Phelps Dodge Industries, Inc. dba Phelps Dodge Magnet Wire Company (Respondent) has violated environmental rules and permits. The violations are based on the following:

 

1.                  Rea Magnet Wire Company, Inc. fka Phelps Dodge Industries, Inc. dba Phelps Dodge Magnet Wire Company (Respondent) owns and operates a magnet wire coating operation located at 4300 New Haven Ave. in Ft. Wayne, Allen County, Indiana (the “Site”).

 

2.                  Rea Magnet Wire Company, Inc. acquired Phelps Dodge Industries, Inc. dba Phelps Dodge Magnet Wire Company on February 10, 2006.

 

3.                  Pursuant to Part 70 Permit T003-6925-00013, Sections D.1, D.2, D.3, D.4, D.5 and D.6, the Respondent must operate and maintain the thermal oxidizers serving the wire enameling ovens at a minimum operating temperature.

Respondent failed to meet the minimum temperature of the thermal oxidizers serving the wire enameling ovens in Sections D.1, D.2, D.3, D.4, D.5 and D.6 of permit T003-6925-00013 on several dates in 1st, 2nd, 3rd and 4th Quarter 2003, 1st, 2nd and 3rd Quarter 2004.

Respondent failed to meet the minimum temperature of the thermal oxidizers serving the wire enameling ovens in Section D.4 of permit T003-6925-00013 on several dates in 4th  Quarter 2004.

Respondent failed to meet the minimum temperature of the thermal oxidizers serving the wire enameling ovens in Section D.6 of permit T003-6925-00013 on two dates in January 2005.

 

4.                  Pursuant to Part 70 Permit T003-6925-00013, conditions D.1.7(a), D.2.7(a), D.3.8(a), D.4.6(a), D.5.7(a) and D.6.7(a) the Respondent must operate a continuous monitoring system and record the thermal oxidizer temperature.  If the continuous monitoring system is not in operation, the temperature shall be recorded manually once ever 15-minute period.

The Respondent failed to record the thermal oxidizer temperatures from the wire enameling ovens in Sections D.1, D.2, D.3, D.4, D.5 and D.6 from December 13 – 20, 2002, a violation of permit T003-6925-00013 conditions D.1.7(a), D.2.7(a), D.3.8(a), D.4.6(a), D.5.7(a) and D.6.7(a).

 

5.                  Pursuant to Part 70 Permit T003-6925-00013, conditions D.1.8(a)(2), D.2.8(a)(2), D.3.9(b)(1), D.4.7(b)(1), D.5.8(a)(2) and D.6.8(a)(2), the Respondent shall maintain continuous temperature records (on an hourly average basis) for the thermal oxidizers.

The Respondent failed to maintain continuous temperature records (on an hourly average basis) for the thermal oxidizers from the wire enameling ovens in Sections D.1, D.2, D.3, D.4, D.5 and D.6 from December 13 – 20, 2002, a violation of permit T003-6925-00013 conditions D.1.8(a)(2), D.2.8(a)(2), D.3.9(b)(1), D.4.7(b)(1), D.5.8(a)(2) and D.6.8(a)(2).

 

6.                  Pursuant to Part 70 Permit T003-6925-00013, condition D.10.2(e), the Respondent shall provide a permanent, conspicuous label summarizing the operation requirements for the cold cleaner operations.

The Respondent failed to post permanent conspicuous labels on each of the cold cleaners, noted during an inspection on June 10, 2004, a violation of permit T003-6925-00013, condition D.10.2(e).

 

In accordance with IC 13-30-3-3, the Commissioner herein provides notice that 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 13-30-3-4, 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.

 

Please contact Lynne Sullivan at (317) 233-5521 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.

 

 

 

For the Commissioner:

 

 

 

 

 

 

Date:

_______________

Signed 3/1/06

 

 

Matthew T. Klein

 

 

Assistant Commissioner

 

 

for Compliance & Enforcement

 

 

 

cc:

Vice President, Phelps Dodge Magnet Wire Company

 

4300 New Haven Ave.

 

Ft. Wayne, IN  46803

 

Rochelle Marceillars, US EPA Region 5

 

Allen County Health Department

 

Office of Legal Counsel

 

Janice Lengel, Office of Legal Counsel

 

Lynne Sullivan, Office of Enforcement

 

Jennifer Schick, Office of Air Quality

 

OAQ Permit Branch

 

OAQ Public File

 

Enforcement File

 

http://www.IN.gov/idem