AMENDED
NOTICE OF VIOLATION
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To: |
Larry
Bagwell, President |
CT
Corporation System, Registered Agent |
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Rea
Magnet Wire Company, Inc. |
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Ft.
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Via
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Via
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___________________________ |
___________________________ |
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J.
Steven Whisler, President |
CT
Corporation System, Registered Agent |
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Phelps
Dodge Industries, Inc. |
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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 Phelps Dodge Industries, Inc.
d/b/a Phelps Dodge Magnet Wire Company and Rea Magnet Wire Company, Inc.
(Respondents) have violated environmental rules and permits. The violations are based on the following:
1.
Phelps Dodge Industries, Inc. d/b/a Phelps Dodge Magnet Wire
Company (Respondent) owned and operated the magnet wire coating operation
located at 4300 New Haven Ave. in Ft. Wayne, Allen County, Indiana (the
“Site”).
2.
Rea Magnet Wire Company, Inc. (Respondent) acquired Phelps
Dodge Industries, Inc. d/b/a Phelps Dodge Magnet Wire Company on
3.
Pursuant to Part 70 Permit T003-6925-00013, Sections D.1,
D.2, D.3, D.4, D.5 and D.6, the Respondents must operate and maintain the
thermal oxidizers serving the wire enameling ovens at a minimum operating
temperature.
The Respondents 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.
The Respondents 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.
The Respondents 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 Respondents
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 Respondents 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
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 Respondents shall maintain continuous temperature records (on
an hourly average basis) for the thermal oxidizers.
The Respondents 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).
1.
Pursuant to Part 70 Permit T003-6925-00013, condition
D.10.2(e), the Respondents shall provide a permanent, conspicuous label
summarizing the operation requirements for the cold cleaner operations.
The Respondents 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.
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For
the Commissioner: |
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Date: |
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Signed |
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Matthew
T. Klein |
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Assistant
Commissioner for |
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Compliance
& Enforcement |
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cc: |
Vice
President, Phelps Dodge Magnet Wire Company |
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Ft.
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Dwight
Mattmuller, Rea Magnet Wire Company |
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Ft.
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James
Hauck, Hatchett & Hauck LLP |
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Rochelle
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Allen
County Health Department |
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Office
of Legal Counsel |
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Jay
Rodia, Office of Legal Counsel |
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Lynne
Sullivan, Office of Enforcement |
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Jennifer
Schick, Office of Air Quality |
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OAQ
Permit Branch |
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OAQ
Public File |
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Enforcement
File |
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http://www.IN.gov/idem |
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