Link to original WordPerfect Document here


                        January 13, 1997

VIA CERTIFIED MAIL # Z 339 939 219

NOTICE OF VIOLATION

To:    Gold Shield of Indiana, Inc.            Glenn S. Kummer, President
    c/o CT Corporation, Registered Agent    Gold Shield of Indiana, Inc.
    1 North Capitol Avenue            P. O. Box 7638
    Indianapolis, IN 46204            Riverside, CA 92513-7638

Cause No. A-3130

    Designated representatives of the Indiana Department of Environmental management (IDEM) conducted a record review which indicated that Gold Shield of Indiana, Inc., located at 2709 Patterson Street, in Decatur, Indiana (Respondent) has violated the following provision of the Indiana Administrative Code (IAC) and the following permit condition:

    Rule 326 IAC 2-1 requires that a source of facility which has potential emissions of twenty-five (25) tons or more per year of any regulated pollutant apply for an obtain construction and operating permits prior to commencing construction and operation.

    Operation condition No. 4 of Construction Permit No. CP (01) 1805, establishes a limit of 1.56 tons of VOC emissions per month for stacks B3 and B4.

    On November 28, 1994, IDEM received a permit application from Gold Shield of Indiana, Inc., to construct and operate a fiberglass parts manufacturing and coating facility located at 2709 Patterson Street, in Decatur, Indiana. However, construction of this facility commenced on January 1, 1994, and operation commenced on February 7, 1994, prior to the issuance of construction and operation permits, violations of 326 IAC 2-1-3 and 326 IAC 2-1-4 respectively.

    A review of the third and fourth quarter quarterly reports from 1994, submitted by the Respondent, revealed three (3) accedences of the Volatile Organic Compounds (VOCs) emission limit at stacks B3 and B4, as specified in operation condition No. 4 of permit No. CP (01) 1805. According to these reports, the VOC emissions from stacks B3 and B4 for the months of August, September, and October 1994, were 2.7 tons, 2.3 tons, and 2.9 tons, respectively, violations of the operation permit for this facility. The aforementioned permit condition limits VOC

emissions from these stacks to 1.56 tons per month.
Notice of Violation
Page 2

    In accordance with IC 13-30-3-3, the Commissioner is required to notify you in writing that the Commissioner believes a violation exists and offer you an opportunity to enter into an Agreed Order providing for the actions to correct the violation and for the payment of a civil penalty, if appropriate. The Commissioner is not required to extend this offer for more than sixty (60) days.

    If settlement is not reached with sixty (60) days of your receipt of this Notice, the Commissioner may issue an Order pursuant to IC 13-30-3-4, containing the actions you must take 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 of any violation.

    The timely entry into an Agreed Order will prevent the necessity of an Order of the Commissioner being issued or the filing of a civil court action. Advantages of enter into an Agreed Order are:

          You may not be required to admit that any violation occurred.

          The civil penalty may be less than that imposed under an Order of the Commissioner.

    To discuss this matter further, please contact the Enforcement Case Manager, Matthew Stuckey, at 317/233-1134 with fifteen (15) days after receipt of this Notice to schedule a conference. If settlement is reached, an Agreed Order will be prepared and sent to you for review and signature.

                            FOR THE COMMISSIONER:

                            Signed 1/10/99

Date:                 
                            Patrick Carroll
                            Director
                            Office of Enforcement

Enclosure

cc:    Jean Bauer, U.S. EPA Region 5
    Adams County Health Department
    Ed Taylor, Office of Legal Counsel
    James L. Thorpe, Office of Air Management

    Matthew Stuckey, Office of Enforcement
    File

Converted by Andrew Scriven