NOTICE OF VIOLATION
Via Certified Mail# _______________ Via Certified Mail#_______________
To: Mr. R. C. Wendt, President C T Corporation System, Registered Agent
Jeld-Wen, Inc. For Challenge Door Company,
P. O. Box 1329 A Subsidiary of Jeld-Wen, Inc.
Klamath Falls, OR 97601 36 S. Pennsylvania Street Suite 700
Indianapolis, IN 46204
Case No. 2000-9530-A
Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on July 13, 1999, Challenge Door Company ("Respondent"), located at 200 Gerber Street in Ligonier, Noble County, Indiana, was in violation of the following environmental statute(s), rule(s), and/or permit(s):
Pursuant to 326 IAC 8-1-6, new facilities (as of January 1, 1980), which have potential volatile organic compounds (VOC) emissions of 25 tons or more per year, located anywhere in the state, which are not otherwise regulated, shall reduce VOC emissions using best available control technology (BACT). Pursuant to construction permit number CP 113-8529-00047 Operating condition No. 11, this facility, a batch polystyrene bead pre-expander system, shall be controlled by a thermal oxidizer with a minimum of 80% capture efficiency, 98% destruction efficiency, and 78% overall efficiency in order to comply with 326 IAC 8-1-6. This facility that has potential VOC emissions in excess of 25 tons per year failed to maintain the required efficiency while operating on July 13, 1999. The capture efficiency was 54.4%, destruction efficiency was 99.6%, and overall efficiency was 54.2%, a violation of 326 IAC 8-1-6.
In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged violator in writing that a violation may exist and offer an opportunity to enter into an Agreed Order providing for the actions 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.
Entering into an Agreed Order will prevent the issuance of a Notice and Order of the Commissioner under IC 13-30-3-4, or the filing of a civil court action under IC 13-14-2-6. IDEM encourages settlement by Agreed Order, thereby saving time and resources. Timely settlement by Agreed Order may result in a reduced civil penalty. Settlement discussions will also allow the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violation occurred.
If settlement is not reached within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken to achieve compliance, the required time frames, and 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 Mr. Michael Stonik at (317) 233-0033 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.
For the Commissioner:
Signed on January 31, 2001
Date: _______________ _________________________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
cc: Noble County Health Department
Jay Rodia, Office of Legal Counsel
Michael Stonik, Office of Enforcement
Steven Friend, Office of Air Management
Doyle Houser, Northern Regional Office
Enforcement File
OAM Public File
http://www.ai.org/idem/
Mike Zawadzke, Challenge Door Company, 200 Gerber Street in Ligonier, IN 46767