NOTICE OF VIOLATION
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Via Certified Mail #: |
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Via Certified Mail #: |
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To: |
Mr. Don C. Haas, President Haas Cabinet Co. Inc |
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Mr. Roger Harbeson,
Registered Agent |
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Case No. 2006-15339-A
Based on an investigation on November 30, 2005, the Indiana Department
of Environmental Management (“IDEM”) has reason to believe that Haas Cabinet
Company, Inc. (“Respondent”) has violated its environmental permit. The violations are based on the following:
1.
Respondent owns
and or operates a stationary wood kitchen cabinets manufacturing plant with ID
number 019-00016 located at
A. Pursuant
to 326 IAC 8-2-12, condition D.1.2 of Title V Permit No. 019-18030-00016, the
source may not use conventional spray guns as an application method to coat the
surface of wood furniture and cabinets.
An IDEM inspector observed the use of three (3) conventional spray guns, a
violation of 326 IAC 8-2-12, condition D.1.2 of Title V Permit No.
019-18030-00016.
B. Pursuant
to 326 IAC 8-11-4 and condition D.1.8(c) of Title V Permit No. 019-18030-00016,
all finishing, gluing, cleaning, and wash off materials and organic solvents
shall be stored in and pumped or drained in closed containers.
An IDEM inspector observed that there was an open solvent container at the
primer/sealer booth, a violation of 326 IAC 8-11-4 and condition D.1.8(c) of
Title V Permit No. 019-18030-00016.
C. Pursuant
to condition D.1.12 of Title V Permit No. 019-18030-00016, the water wash for Booth
No. 14 and the dry filters for Booth Nos. 1, 2 and 9 through 12 for particulate
control shall be in operation and control emissions from the seven (7) spray
booths at all times that these facilities are in operation.
An IDEM inspector observed that there was a gap in the filter coverage in the
Parts Booth, a violation of condition D.1.12 of Title V Permit No.
019-18030-00016.
D. Pursuant
to conditions D.1.13(c) and D.1.14(e) of Title V Permit No. 019-18030-00016,
monthly inspections shall be performed of the coating emissions from the stack
and the presence of overspray on the rooftops and the nearby ground and shall
document and maintain a log of observations.
An IDEM inspector noted that roof inspection records were missing from June
2005 until November 30, 2005, a violation of conditions D.1.13(c) and D.1.14(e)
of Title V Permit No. 019-18030-00016.
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 13-30-3-3, 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.
To discuss this matter
further, please contact Matthew Chaifetz at (317) 232-8408 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.
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For the Commissioner: |
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Date: |
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Signed September 26, 2006 |
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Matthew T. Klein |
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cc: Clark County Health Department
Matthew
Chaifetz, Office of Enforcement
Raymond
Schick, Office of Air Quality
Office
of Air Quality Public File
Enforcement
File
http://www.in.gov/idem