STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

KNAPHEIDE TRUCK EQUIPMENT COMPANY LOUISVILLE,

Respondent.

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Case No. 2018-25475-A

 

 

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 Knapheide Truck Equipment Company Louisville (“Respondent”), which owns and operates the source with Plant ID No. 019-00151 located at 4701 New Middle Road in Jeffersonville, Clark 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:

 

William M. McCleery Jr., Incorporator

Corporation Service Company

Knapheide Truck Equipment Company

Registered Agent

Louisville

Knapheide Truck Equipment Company

525 Jersey Street

Louisville

Quincy, IL 62301

135 N Pennsylvania Street, Suite 1610

 

Indianapolis, IN 46204

 

5.             Respondent owns and operates a stationary metal truck parts and truck bed liner surface coating operation.

 

6.             During an investigation including an inspection on June 8, 2018, conducted by a representative of IDEM, the following violations were found:

 

a.       Pursuant to 326 IAC 8-7-6 and Federally Enforceable State Operating Permit No. 019-36559-00151 (“Permit”) Condition D.1.4, Respondent is responsible for submitting a certification that the facility is exempt from the requirements of 326 IAC 8-7-3.  This certification is to be submitted upon the startup of the paint booths, PB#1 and PB#2.

Respondent failed to submit this certification upon startup of PB#1 and PB#2, in violation of 326 IAC 8-7-6 and Permit Condition D.1.4.

b.       Pursuant to Permit Conditions D.1.6 and D.2.3, Respondent is required to have Preventive Maintenance Plans for the facilities listed in Section D.1 and Section D.2 of the Permit and for these facilities’ associated control devices.

 

Respondent failed to have Preventive Maintenance Plans facilities listed in Section D.1 and Section D.2 of the Permit or those facilities’ associated control devices, in violation of Permit Conditions D.1.6 and D.2.3.

 

c.              Pursuant to Permit Condition D.1.7, Respondent is responsible for preparing or obtaining from the manufacturer the copies of the “as supplied” and “as applied” volatile organic compound (“VOC”) and hazardous air pollutant (“HAP”) data sheets in order to determine compliance with Conditions D.1.1 and D.1.2 of the Permit.

 

Respondent failed to maintain records of the VOC and HAP data sheets and could not determine compliance with Permit Conditions D.1.1 and D.1.2, in violation of Permit Condition D.1.7.

 

d.             Pursuant to Permit Condition D.1.10, Respondent is responsible for taking and maintaining records of daily filter inspections, weekly overspray observations, and monthly overspray inspections for the paint booths.

 

Respondent failed to take and maintain records of daily filter inspections, weekly overspray observations, and monthly overspray inspections for the paint booths, in violation of Permit Condition D.1.10.

 

e.             Pursuant to Permit Condition D.1.11, Respondent is responsible for maintaining monthly records of the amount of coating material and solvent used, the HAP content of each coating material and solvent used less water at PB#1, PB#2, and the solvent gun cleaning operations, and the VOC content of each coating material less water used at PB#1 and PB#2.  Respondent is also responsible for maintaining daily records of the amount of each coating material and the volume-weighted average VOC content of the coatings used at PB#1.

 

Respondent failed to maintain the appropriate VOC and HAP content records, in violation of Permit Condition D.1.11.

 

f.               Pursuant to Permit Conditions C.16 and D.1.12, Respondent is responsible for submitting a Quarterly Deviation Compliance Monitoring Report and a Quarterly Report by no later than thirty (30) days after the end of the quarter being reported.

 

Respondent failed to submit the Quarterly Deviation Compliance Monitoring Reports and Quarterly Reports for 1st Quarter 2016 through 1st Quarter 2018 by their respective due dates, in violation of Permit Conditions C.16 and D.1.12.

 

g.             Pursuant to Permit Condition B.11, Respondent is responsible for submitting an Annual Compliance Certification, detailing compliance for the calendar year, to IDEM no later than April 15 of the following year.

 

Respondent failed to submit the Annual Compliance Certifications for the years 2016 and 2017 by their respective due dates, in violation of Permit Condition B.11.

 

7.             Respondent submitted the 2016 and 2017 Annual Compliance Certifications on June 19, 2018.

 

8.             Respondent submitted certification of the startup of PB#1 and PB#2 on July 26, 2018.

9.             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 Respondents.  This Agreed Order shall have no force or effect until the Effective Date.

 

2.             Respondent shall comply with all rules and permit conditions listed in the findings above at issue.

 

3.             All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

 

Clare Parker, 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 Eight Thousand Four Hundred Dollars ($8,400.00).  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 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 represents.  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 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 United States Environmental Protection Agency (“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 Respondent has complied with all terms and conditions of this Agreed Order and IDEM has issued a Resolution of Case letter to Respondent.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Knapheide Truck Equipment Company Louisville

 

 

 

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 8, 2019

 

Matthew Stuckey, Deputy Assistant Commissioner

 

Office of Air Quality

 

Indiana Department of Environmental Management