STATE OF
INDIANA |
) |
|
BEFORE THE
INDIANA DEPARTMENT |
||
|
|||||
COMMISSIONER
OF THE DEPARTMENT Complainant, v. CP
AUTOMOTIVE SALES, INC., dba SULLIVAN
AUTOMOTIVE GROUP, Respondent. |
) |
|
|||
AGREED
ORDER
Complainant
and Respondent desire to settle and compromise this action without hearing or
adjudication of any issue of fact or law, and consent to the entry of the
following Findings of Fact and Order. Pursuant to IC 13-30-3-3, entry into the
terms of this Agreed Order does not constitute an admission of any violation
contained herein. Respondent's entry
into this Agreed Order shall not constitute a waiver of any defense, legal or
equitable, which Respondent may have in any future administrative or judicial
proceeding, except a proceeding to enforce this order.
I. FINDINGS OF FACT
1.
Complainant is the Commissioner (“Complainant”)
of the Indiana Department of Environmental Management (“IDEM”), a department of
the State of Indiana created by Indiana Code (“IC”) 13-13-1-1.
2.
Respondent is CP Automotive Sales, Inc. dba
Sullivan Automotive Group (“Respondent”) which owns and operates the source
located at 2406 N. Section Street, in Sullivan, Sullivan County, Indiana
(“Site”).
3.
IDEM has jurisdiction over the parties and the
subject matter of this action.
4.
Pursuant to IC 13-30-3-3, IDEM issued a Notice
of Violation (“NOV”) via Certified Mail to:
Mr. Charles C. Piano, Jr., President Michael P. Shanahan, Registered Agent
CP Automotive Sales, Inc. 101 W. Ohio St, Suite 1600
dba Sullivan
Automotive Group Bloomington,
IN 47401
2406 N Section Street
Sullivan, IN 47882
5.
Respondent operates an automotive refinishing
operation.
6.
During an investigation including an inspection
on February 16, 2017 conducted by a
representative of IDEM, the following violations were found:
a. Pursuant to 326 IAC 8-10-5 (d),
Respondent shall develop and implement a written training program with hands-on
demonstrations and provide annual refresher training to employees applying
surface coating.
Respondent failed to develop and implement a written training program with
hands-on demonstrations and provide annual refresher training in violation of 326
IAC 8-10-5 (d).
b. Pursuant to 326 IAC 8-10-6 (c),
Respondent shall submit a signed statement by a responsible official certifying
the continuous use of coating products or surface preparation products
complying with the VOC limits of 326 IAC 10-4.
Respondent failed to submit such a
signed statement in violation of 326 IAC 8-10-6 (c).
c. Pursuant to 326 IAC 8-10-9 (a) (2),
Respondent shall maintain records of each surface preparation product used
including manufacturer’s name and identification number, substrate to which the
product is applied, VOC content as supplied per calendar month for number of containers
used, and volume of each container.
Respondent failed to maintain records of
each surface preparation product used in violation of 326 IAC 8-10-9 (a) (2).
7.
In recognition of the settlement reached,
Respondent waives any right to administrative and judicial review of this
Agreed Order.
II. ORDER
1.
This Agreed Order shall be effective
(“Effective Date”) when it is approved by Complainant or Complainant’s delegate
and has been received by Respondent.
This Agreed Order shall have no force or effect until the Effective
Date.
2.
Respondent shall comply with 326 IAC 8-10 as
well as with all applicable State and Federal air pollution control rules.
3.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Vaughn Ison,
Compliance and Enforcement Manager |
Compliance and Enforcement Branch –
Mail Code 61-53 |
Indiana Department of Environmental
Management |
100 North Senate Avenue |
Indianapolis, IN 46204-2251 |
4.
Respondent is assessed and agrees to pay a
civil penalty of One Thousand Five Hundred Dollars ($1,500). Said penalty
amount shall be due and payable to the Environmental Management Special Fund within
thirty (30) days of the Effective Date; the 30th day being the “Due
Date”.
5.
Civil and stipulated penalties are payable by
check to the “Environmental Management Special Fund.” Checks shall include the
Case Number of this action and shall be mailed to:
IDEM
Accounts Receivable |
IGCN,
Rm 1340 |
100
N Senate Ave |
Indianapolis,
IN 46204 |
6.
This Agreed Order shall apply to and be binding
upon Respondent and its successors and assigns. Respondent’s signatories to
this Agreed Order certify they are fully authorized to execute this Agreed
Order and legally bind the party they represent. No change in ownership,
corporate, or partnership status of Respondent shall in any way alter its status
or responsibilities under this Agreed Order.
7.
In the event that the monies due to IDEM
pursuant to this Agreed Order are not paid on or before their Due Date,
Respondent shall pay interest on the unpaid balance at the rate established by
IC 24-4.6-1. The interest shall be computed as having accrued from the Due Date
until the date that Respondent pays any unpaid balance. Such interest shall be
payable to the Environmental Management Special Fund and shall be payable to
IDEM in the manner specified in Paragraph 5, above.
8.
In the event that any terms of this Agreed
Order are found to be invalid, the remaining terms shall remain in full force
and effect and shall be construed and enforced as if this Agreed Order did not
contain the invalid terms.
9.
Respondent shall provide a copy of this Agreed
Order, if in force, to any subsequent owners or successors before ownership
rights are transferred. Respondent shall ensure that all contractors,
firms, and other persons performing work under this Agreed Order comply with
the terms of this Agreed Order.
10.
This Agreed Order is not and shall not be
interpreted to be a permit or a modification of an existing permit. This Agreed
Order, and IDEM’s review or approval of any submittal made by Respondent
pursuant to this Agreed Order, shall not in any way relieve Respondent of its
obligation to comply with the requirements of its applicable permit or any applicable
Federal or State law or regulation.
11.
Complainant does not, by its approval of this
Agreed Order, warrant or aver in any manner that Respondent’s compliance with
any aspect of this Agreed Order will result in compliance with the provisions
of any permit, order, or any applicable Federal or State law or regulation.
Additionally, IDEM or anyone acting on its behalf shall not be held liable for
any costs or penalties Respondent may incur as a result of Respondent’s efforts
to comply with this Agreed Order.
12.
Nothing in this Agreed Order shall prevent or
limit IDEM’s rights to obtain penalties or injunctive relief under any
applicable Federal or State law or regulation, except that IDEM may not, and
hereby waives its right to, seek additional civil penalties for the same
violations specified in the NOV.
13.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the EPA or any other
agency or entity about any matters relating to this enforcement action. IDEM or
anyone acting on its behalf shall not be held liable for any costs or penalties
Respondent may incur as a result of such communications with the EPA or any
other agency or entity.
14.
This Agreed Order shall remain in effect until
IDEM issues a Resolution of Case letter to Respondent.
TECHNICAL
RECOMMENDATION: |
|
RESPONDENT: |
|||||
Department
of Environmental Management |
|
CP Automotive Sales, Inc., dba Sullivan Automotive
Group |
|||||
|
|
|
|||||
By: |
|
|
By: |
|
|||
|
David
P. McIver, Chief |
|
Printed: |
|
|||
|
Enforcement
Section |
|
Title: |
|
|||
|
Office
of Air Quality |
|
|
|
|||
Date: |
|
|
Date: |
|
|||
|
|
|
|
|
|||
|
|
|
|||||
|
|
COUNSEL
FOR RESPONDENT: |
|||||
|
|
|
|||||
|
|
|
|||||
|
|
|
By: |
|
|||
|
|
|
|
|
|||
|
|
|
|
|
|||
|
|
|
Date: |
|
|||
|
|
|
|
|
|||
APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
|||||||
MANAGEMENT THIS |
|
DAY OF |
|
,
2019. |
|||
|
|||||||
|
For
the Commissioner |
||||||
|
|
||||||
|
Signed
on July 29, 2019 |
||||||
|
Matthew
Stuckey, Deputy Assistant Commissioner |
||||||
|
Office
of Air Quality |
||||||
|
Indiana
Department of Environmental Management |
||||||