STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. MOFAB, INC., Respondent. |
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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 MoFab,
Inc. (“Respondent”), which owns and operates the facility with Plant ID No. 095-00137,
located at 1415 Fairview St in Anderson, Madison 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”) on January 18, 2019 via Certified Mail to:
Max
Hains, President |
Louis
Hains, Registered Agent |
MoFab, Inc. |
1415
Fairview St |
1415
Fairview St |
Anderson,
IN 46016 |
Anderson,
IN 46016 |
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5.
Respondent’s owns and operates an ornamental
and architectural metal work manufacturing plant.
6.
During an investigation conducted by a
representative of IDEM, the following violations were found:
a. Pursuant to 326 IAC 2-8-4(1) and Federally
Enforceable State Operating Permit 095-33302-00137, issued February 25, 2014
(“Permit”), Condition D.1.2(a) requires the Respondent to limit the Volatile
Organic Compound (“VOC”) input, including coatings, dilution solvents, and
cleaning solvents to each of the five spray booths, identified as M-03, M-04,
M-5, C-04, and O-01 to less than fifteen (15.0) pounds per day, with compliance
determined at the end of the day.
Respondent has exceeded the fifteen (15.0) pounds per day VOC input limit of
the spray booths identified as M-03, M-04, M-5 on July 5 and 6, 2017 in
violation of 326 IAC 2-8-4(1) and Permit” Condition D.1.2(a).
7.
Initially Respondent reported a violation of
the fifteen (15.0) pounds per day VOC input limit for the spray booth
designated O-01 on September 7, 2017. Upon further review it was determined
that the coating and its additives were under the permitted VOC input limit.
8.
Respondent has commenced requiring contractors
to use onsite equipment.
9.
Respondent has begun training new employees on
painting procedures.
10.
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 rules, and permit
conditions listed in the findings above at issue, specifically that they limit
the VOC input, including coatings, dilution solvents, and cleaning solvents to
each of the five spray booths, identified as M-03, M-04, M-5, C-04, and O-01 to
less than fifteen (15.0) pounds per day.
3.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Lisa Hayhurst,
Enforcement Case 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 Ten Thousand Dollars ($10,000.00). Said penalty amount shall
be due and payable to the Environmental Management Special Fund in six (6)
monthly payments, with the initial payment of One Thousand Six Hundred Seventy
Dollars ($1,670.00) due within thirty (30) days of the Effective Date; the 30th
day being the “Due Date” and the remaining five (5) payments of One Thousand Six
Hundred Sixty-Six Dollars ($1,666.00) each, with the second payment due within
sixty (60) days of the Effective Date, the third payment due within ninety (90)
days of the Effective Date, the fourth payment due within one hundred twenty
(120) days of the Effective Date, the fifth payment due within one hundred
fifty (150) days of the Effective Date, and the sixth payment due within one
hundred eighty (180) days of the Effective Date.
5.
Civil 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
Office of Legal Counsel |
IGCN,
Rm N1307 |
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 that 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 Dates,
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 permits 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: |
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RESPONDENT: |
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Department
of Environmental Management |
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MoFab,
Inc. |
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By: |
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David
P. McIver, Chief |
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Enforcement
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Office
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COUNSEL
FOR RESPONDENT: |
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Date: |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY OF |
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2019. |
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For
the Commissioner |
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Signed
on April 3, 2019 |
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Matthew
Stuckey, Deputy Assistant Commissioner |
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Office
of Air Quality |
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Indiana
Department of Environmental Management |
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