NEWS FROM THE DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Vol. 40, No. 304

For more information, contact Paul Foster, Division of Air Quality, 302-323-4542 or Michael Globetti, DNREC Public Affairs, 302-739-9902. 

DNREC issues $9,900 notice of penalty to IKO Production
Wilmington, Inc. for air pollution violations 

DOVER (Sept. 2, 2010) – Delaware Department of Natural Resources and Environmental Control Secretary Collin P. O’Mara issued a Notice of Administrative Penalty Assessment and Secretary’s Order to IKO Production Wilmington, Inc. for violations of the Delaware Code, regulations governing the control of air pollution and its permit. The order includes a cash penalty of $9,900 and an additional $1,485 as cost recovery reimbursement to the DNREC for expenses associated with the department’s investigation.

IKO owns and operates a facility located at 120 Hay Road in Wilmington, where it manufactures roofing shingles. Among the equipment at the facility is a coating heater, boilers and an emergency generator. Operation of the equipment requires permits pursuant to 7 DE. Admin. Code 1102.  In addition, operation of the equipment has the potential to emit nitrogen oxides and sulfur oxides in quantities above the major source thresholds for New Castle County thereby triggering7 DE Admin. Code 1130, or Title V, requirements and fees.  However, IKO accepted operating limitations to become a synthetic minor source – meaning it agreed to limit emissions conditionally so that air contaminants are below the thresholds for applying certain federal and state requirements. 

Annual inspections conducted in 2007 and 2008 revealed that IKO was non-compliant with permit conditions as well as regulatory and statutory requirements. Among the violations were failure to maintain required records and/or make them available to the Department upon its request; improper operation of a bag filter; and installation of a replacement heater without Department approval via a permit.

A Notice of Violation was issued July 6, 2007 for the violations discovered during the 2007 inspection.

IKO Production Wilmington, Inc. has 30 days to request a public hearing.

The Secretary's Order and penalty assessment against IKO Production Wilmington, Inc., can be found at http://www.dnrec.delaware.gov/Info/Pages/SecOrders.aspx.