STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) CAUSE NO. A-4092
) A-4133
HARTSON-KENNEDY CABINET TOP ) A-4493
COMPANY, INC., )
)
Respondent. )
2. Respondent is Hartson-Kennedy Cabinet Top Company, Inc. (hereinafter referred
to as "Respondent"), which owns and operates counter top manufacturing plants
located in Marion and Elkhart, Indiana.
3. The Indiana Department of Environmental Management ("IDEM") has
jurisdiction over the parties and subject matter of this action.
Pursuant to 326 IAC 2-6-3, the owner or operator of any facility with the potential
to emit carbon monoxide (CO), volatile organic compounds (VOCs), oxides of
nitrogen (NOx), particulate matter (PM10), or sulfur dioxide (SO2) into the ambient
air at levels equal to or greater than one hundred (100) tons per year to annually
submit an emission statement to the Commissioner by July 1 of the following
year. Respondent failed to submit the emission statement for 1996 by July 1,
1997 for the Marion plant, a violation of 326 IAC 2-6-3.
5.
Pursuant to 326 IAC 2-7-3, no Part 70 source may operate after the time that it is
required to submit a timely and complete application. Respondent's Elkhart and
Marion plants continued to operate following the December 13, 1996 Part 70
permit submission deadline and prior to applying for and receiving Part 70
permits, violations of 326 IAC 2-7-3.
6. Pursuant to 326 IAC 2-7-4, the owner of each Part 70 source to submit a timely
and complete permit application. Respondent's Part 70 permit applications were
received after the December 13, 1996 submission deadline, violations of 326 IAC 2-7-4.
7. Rule 8-2-12 requires applicable furniture and cabinet manufacturers to utilize
airless or electrostatic coating application technologies by July 1, 1991.
Respondent did not incorporate at the Elkhart plant these technologies at the time
of the rule applicability thereby violating 326 IAC 8-2-12.
8. On May 22, 1997, IDEM's Office of Air Management sent Respondent a written
request for a Part 70 Permit application for their Marion plant.
9. On August 25, 1997, IDEM mailed a second request to Respondent for a Part 70
Permit application for the Marion plant.
10. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation dated February 5,
1998 via Certified Mail to:
Glenn Devitt, Corporate Engineer William M. Kennedy
Hartson-Kennedy Cabinet Co. Registered Agent for
522 West 22nd Street Hartson-Kennedy Cabinet Co.
Marion, IN 46953 522 West 22nd Street
Marion, IN 46952
11. On February 19, 1998, Respondent submitted to IDEM's Office of Air
Management a Part 70 Permit application for the Marion plant.
12. On July 28, 1998, Respondent submitted to IDEM's Office of Air Management a
Part 70 Permit application for the Elkhart plant.
13. On December 17, 1998, Respondent complied with the requirements of 326 IAC
8-2-12 by utilizing high volume low pressure coating application technology at
their Elkhart, Indiana plant.
14. This Agreed Order resolves the violations listed in this Order, listed in the Notice
of Violation dated February 5, 1998, and under cause numbers A-4092, A-4133,
and A-4493.
15. In recognition of the settlement reached, Respondent waives any right to
administrative and judicial review of this Agreed Order.
J. Brian Eaton,
Air Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
3. Respondent is assessed a civil penalty of Sixty-One Thousand and Six Hundred
Dollars ($61,600). Said penalty amount shall be due and payable to the
Environmental Management Special Fund according to the following payment
schedule:
i) $15,400 by July 15, 2000
ii) $15,400 by October 15, 2000
iii) $15,400 by January 15, 2001
iv) $15,400 by April 15, 2001.
4. The civil penalty payments are payable by checks to the Environmental
Management Special Fund. Checks shall include the Cause Number of this action
and shall be mailed to:
Cashier
IDEM
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
5. In the event that the civil penalty required by paragraph three (3) is not paid within
the payment scheduled, Respondent shall pay interest on the unpaid balance at the
rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the
civil penalty is paid in full.
6. This Agreed Order shall apply to and be binding upon the Respondent, its officers,
directors, principals, agents, successors, subsidiaries, and assigns. The
Respondent's signatories to this Agreed Order certify that they are fully authorized
to execute this document and legally bind the parties they represent. No change in
ownership, corporate, or partnership status of the Respondent shall in any way
alter its status or responsibilities under this Agreed Order.
7. In the event that any terms of the 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 the Agreed Order did not contain the invalid terms.
8. The 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.
9. This Agreed Order shall remain in effect until Respondent has complied with the
terms and conditions of paragraphs three (3) and four (4) of this Agreed Order.
TECHNICAL RECOMMENDATION: Hartson-Kennedy Cabinet Top Company,
Department of Environmental Management Inc.
By: _________________________ By: _________________________
David P. McIver
Air Section Chief
Office of Enforcement Printed: ______________________
Title: ________________________
Date: ________________________ Date: ________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: _________________________ By: ________________________
Office of Legal Counsel
Department of Environmental Management
Date: _______________________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS _____ DAY OF ____________________, 199___.
For the Commissioner:
Signed on July 26, 2000
___________________________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
Converted by Andrew Scriven