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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-4497
                            )
QUALITY FRAMES, INC.,                )
                            )
        Respondent.                )            

AGREED ORDER

    The Complainant and the 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.

I. FINDINGS OF FACT

    1.    Complainant is the Commissioner (hereinafter referred to as "Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.

    2.    Respondent is Quality Frames, Inc. (hereinafter referred to as "Respondent"), which operates a metal frames coating facility located at 28620 County Road 20 West, in Elkhart, Elkhart County, Indiana.

    3.    The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.

    4.    Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:
    
            James Reid, President        David H. Kidd, Registered Agent
            Quality Frames, Inc.            Quality Frames, Inc.    
            28620 County Road 20 West        28620 County Road 20 West
            Elkhart, IN 46514            Elkhart, IN 46514    

    5.    Pursuant to Condition No. D.1.2(a) of FESOP F039-7048-00215 the amount of any single Hazardous Air Pollutant (HAP) delivered to the applicators plus the amount of that single HAP used for clean-up shall not exceed 6.4 tons per 365 consecutive day period. Compliance shall be demonstrated at the end of each day, based on the total usage for the most recent 365 day period. Reports submitted to IDEM by the Respondent indicate that usage for at least one single HAP exceeded this permit limit during the time period between January 1997 and September 1998, violations of condition No. D.1.2(a) of FESOP F039-7048-00215.

         Pursuant to Condition No. D.1.2(b) of FESOP F039-7048-00215 the amount of any combination of HAPs delivered to the applicators plus the amount of any combination of HAPs used for clean-up shall not exceed 21.24 tons per 365 day period. Compliance shall be demonstrated at the end of each day, based on the total usage for the most recent 365 day period. Reports submitted to IDEM by the Respondent indicate that combined usage of HAPs exceeded this permit limit during the time period between January 1997 and September 1998, violations of condition No. D.1.2(b) of FESOP F039-7048-00215.

          Pursuant to Condition No. B.12 of FESOP F039-7048-00215, the Permittee shall annually certify that the source has complied with the terms and conditions contained in this permit, including emission limitations, standards, and work practices. This source failed to submit its 1997 annual certification on or before April 15, 1998, a violation of Condition No. B.12 of FESOP F039-7048-00215.
          Pursuant to Condition No. D.1.8 of FESOP F039-7048-00215, the Permittee shall submit a quarterly summary to document compliance with operation conditions numbers D.1.1 and D.1.2 within thirty (30) days after the end of the quarter being reported. Respondent failed to submit its fourth quarter 1998 quarterly report, and submitted its remaining 1997 and 1998 quarterly reports well beyond the required thirty (30) day time period, violations of Condition No. D.1.8 of FESOP F039- 7048-00215.
        
    9.    In September 1998, Respondent began utilizing a new coating which does not contain HAPs.


          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 the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.

    2.    Respondent is assessed a civil penalty of Nine Thousand Seven Hundred Fifty Dollars ($9,750). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date of this Agreed Order.

    3.    Civil penalties are payable by check 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

    4.    In the event that the civil penalty required by paragraph 2 is not paid within thirty (30) days of the Effective Date of this Agreed Order, 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.

    5.    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.

    6.    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.

    7.    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.

    8.    This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION:        RESPONDENT:
Department of Environmental Management        Quality Frames, Inc.

By:     _________________________        By: _________________________
    David P. McIver
    Chief, Air Section            
    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 ____________________, 20___.

                            
                            For the Commissioner:
                            

                            _Signed on 3/16/00____
                            Felicia A. Robinson
                            Assistant Commissioner
                            Office of Enforcement
                            

Converted by Andrew Scriven