NOTICE OF VIOLATION
Via Certified Mail# Via Certified Mail#
To: Gary Greubel C T Corporation
Environmental Coordinator Registered Agent for:
Waupaca Foundry, Inc. Waupaca Foundry, Inc.
P. O. Box 189 One North Capitol
Tell City, IN 47586 Indianapolis, IN 46204
Cause No. A-4538
Based on investigation by designated representatives of the Indiana Department of
Environmental Management (IDEM) on March 31, 1999, Waupaca Foundry, Inc., 9856 State
Highway 66, Tell City, IN, ID # 123-00019 was in violation of the following environmental
statute(s), rule(s), and/or permit(s):
A. Pursuant to Operation conditions #9 & #28 of Permit # CP 123-4593 Best
Available Control Technology (BACT) shall be used to control particulate
emissions from the charge make up and handling area. Emissions from the charge
make up and handling area are exhausted at stack S10. This facility failed to
install BACT, which is a baghouse for this operation, at the charge make up and
handling area. This constitutes a violation of Operation conditions #9 & #28 of
Permit # CP 123-4593.
Pursuant to Operation condition #31 of Permit # CP 123-4593 visible emissions
from building openings shall be limited to 3% opacity. This facility was observed
with visible emissions from the opening above a cupola at 18% opacity for one six
minute period. This constitutes a violation of Operation condition #31 of Permit #
CP 123-4593.
Pursuant to sections D.1.6 and D.1.7; D.2.5 and D.2.8; D.3.6 and D.3.7; D.4.13
and 4.14; D.5.7 and D.5.8 of CP 123-8451 a trained employee shall perform
visible emission notations of particulate matter exhausted to the atmosphere from
stacks S01, S04, S07, S08, S14, S15, S16 once per working shift and maintain
records of the notations. This facility failed to record the visible emission
readings. This constitutes violations of sections D.1.6 and D.1.7; D.2.5 and D.2.8;
D.3.6 and D.3.7; D.4.13 and 4.14; D.5.7 and D.5.8 of CP 123-8451.
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 Craig Henry at 317-233-1136 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:
Date: _______________ Signed October 4, 1999
Felicia Robinson George
Assistant Commissioner
Office of Enforcement
cc: Jean Bauer, US EPA Region 5
Perry County Health Department
Aaron Schmoll, Office of Legal Counsel
Craig Henry, Office of Enforcement
Dave Holder, SWRO
Judy Dicus Thomann, SWRO
Public File
Enforcement File
http://www.state.in.us/idem
Converted by Andrew Scriven