NOTICE OF
VIOLATION
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Via Certified Mail #: |
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To: |
Terry
McDaniel, President |
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Inventure Foods, Inc. |
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5415
E. High St, Suite 350 |
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Phoenix,
AZ 85054 |
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Case No. 2017-24218-A
Based on a permit application investigation,
the Indiana Department of Environmental Management (“IDEM”) has reason to
believe Inventure Foods, Inc. (“Respondent”) has
violated environmental rules. The violations are based on the following:
1.
Respondent owns a source with Plant I.D. No. 179-00045
located at 705 W. Dustman Road in Bluffton, Wells County, Indiana (the “Site”).
2.
During
a permit application review conducted by a representative of IDEM, the
following violations were found:
a. Pursuant
to 326 IAC 2-5.1-3, a new source which has the potential to emit air pollutants
in quantities equal to or greater than the amounts specified in 326 IAC
2-5.1-3(a) shall obtain a construction permit prior to beginning construction
of an emissions unit.
Respondent constructed a stationary fried potato chip and similar snacks
manufacturing plant, a major source for PM-10 and PM-2.5 emissions, prior to receiving an air permit in violation of 326 IAC
2-5.1-3.
b. Pursuant
to 326 IAC 2-7-2, any major source as defined in 326 IAC 2-7-1(22) must possess
a Part 70 permit.
Respondent
operated a stationary fried potato chip and similar snacks manufacturing plant,
a major source for PM-10 and PM-2.5 emissions, prior
to receiving a Part 70 permit in violation of 326 IAC 2-7-2.
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, as necessary and appropriate, 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 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 Vaughn Ison at 317-233-0432 or via email at vison@idem.IN.gov 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
March 16, 2017 |
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Phil
Perry, Chief Compliance
and Enforcement Branch Office
of Air Quality |
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cc: Adam Johnson, Plant Director, Inventure Foods, Inc.
Wells County Health Department
Patrick Burton, Compliance and
Enforcement Branch, OAQ
Vaughn Ison, Compliance and Enforcement
Branch, OAQ