Respondent Name: Haas Cabinet Co Inc

Case Number: 2019-26095-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 Haas Cabinet Co Inc (“Respondent”), which owns and operates the source with Plant ID No. 019-00109, located at 4414 Bud Prather Road in Speed, 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:

Don C. Haas, CEO	Roger Harbeson CPA, Registered Agent
Haas Cabinet Co Inc	222 East Market Street
625 West Utica Street	New Albany, IN 47150
Sellersburg, IN 47172

5. At the time of an inspection conducted on February 25, 2019 and February 28, 2019, the following violations were in existence or observed at the Site by a representative of IDEM’s Office of Air Quality (“OAQ”).

a. Pursuant to Part 70 Operating Permit No. 019-33280-00109 (“Permit”) condition D.1.5 (f), Respondent shall implement a written training program for all new and existing personnel.

Respondent failed to complete annual refresher training in 2017 and 2018, in violation of Permit condition D.1.5 (f).

b. Pursuant to Permit condition D.1.11 (a) and corresponding conditions in subsequent permits, Respondent shall perform daily inspections to verify the placement, integrity, and particle loading of the filters for spray booths 1 through 8 and 11 through 19.

Respondent failed to complete daily inspections on filter placement, integrity, and particle loading of the filters on booths 2, 4, 6, 7, 12, and 14 from January 1, 2018 through December 31, 2018 and from February 1, 2019 through February 28, 2019, in violation of Permit condition D.1.11 (a) and corresponding conditions in subsequent permits.

c. Pursuant to Permit condition D.1.11 (b) and corresponding conditions in subsequent permits, Respondent shall perform daily and weekly inspections at spray booths 9 and 10 to verify that the water level of the water pans meets the manufacturers recommended level, to verify that the baffle panel’s placement and configuration meet manufacturer recommendations, and to monitor overspray from spray booths 9 and 10.

Respondent failed to complete daily and weekly inspections of the water level, baffle panels, and overspray from spray booths 9 and 10 from January 1, 2018 through December 31, 2018 and from February 1, 2019 through February 28, 2019, in violation of Permit condition D.1.11 (b) and corresponding conditions in subsequent permits.

d. Pursuant to Permit condition D.1.11 (c) and corresponding conditions in subsequent permits, Respondent shall perform monthly inspections of the coating emissions from the stack and the presence of overspray on the rooftops and the nearby ground for each of the spray booths.

Respondent failed to complete monthly inspections of the coating emissions from the stack and the presence of overspray on the rooftops and nearby ground for each of the spray booths from January 1, 2018 through February 28, 2019, in violation of Permit condition D.1.11 (c) and corresponding conditions in subsequent permits.

e. Pursuant to Permit condition D.1.12 (c) and corresponding conditions in subsequent permits, Respondent shall maintain records demonstrating actions have been taken to fulfill the work practice standards outlined in Permit condition D.1.5.

Respondent failed to maintain records of annual refresher training in 2017 and 2018, in violation of Permit condition D.1.12 (c) and corresponding conditions in subsequent permits.

f. Pursuant to Permit condition D.1.12 (e) and corresponding conditions in subsequent permits, Respondent shall maintain a log of daily, weekly, and monthly inspections outlined in Permit condition D.1.11.

Respondent failed to maintain records for daily and weekly inspections outlined in D.1.11, in violation of Permit condition D.1.12 (e) and corresponding conditions in subsequent permits.

g. Pursuant to Permit condition E.1 and 40 CFR 63.803, all personnel performing work subject to or implementing the requirements of 40 CFR 63 Subpart JJ shall be given refresher training annually.

Respondent failed to complete annual refresher training in 2017 and 2018, in violation of Permit condition E.1 and 40 CFR 63.803.

6. 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 adopted via signature by Complainant or Complainant’s delegate, and the adopted Agreed Order has been received by Respondent. This Agreed Order shall have no force or effect until the Effective Date. This offer to settle the allegations contained in this Agreed Order does not bind or obligate the parties of this enforcement action if the Agreed Order is not adopted.

2. Respondent is assessed a civil penalty of Five Hundred Dollars ($500.00). Respondent shall pay said penalty amount no later than fifteen (15) days after the Effective Date (“Due Date”). In the event that the civil penalty is not paid by the Due Date, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101.

3. In the event the terms and conditions of this Agreed Order are violated, Complainant may seek additional relief.

4. 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

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. The parties were free to consult with their respective counsel regarding entry into this Agreed Order to the extent each deemed necessary.

TECHNICAL RECOMMENDATION:			RESPONDENT:*
Department of Environmental Management			Haas Cabinet Co Inc
By:			By:
	David P. McIver, Chief		Printed:
	Enforcement Section		Title:
	Office of Air Quality
			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 2019.
			For the Commissioner:
			Signed on May 28, 2019
			Matthew Stuckey, Deputy Assistant Commissioner
			Office of Air Quality

_____________________

* In the event that Respondent does not accept the settlement offer contained in this Agreed Order, IDEM notes that this document is a qualified offer of settlement, and therefore Rule 408 of Indiana Rules of Evidence applies to this document, rendering it inadmissible.