NOTICE OF VIOLATION

Via Certified Mail #:

To: Mark Schuringa, President and Registered Agent

Schuringa Poultry Farms, Inc.

198 East County Road 800 North

Wheatfield, Indiana 46392

Case No. 2004-14161-S

Based on an investigation on February 16, 2004, the Indiana Department of Environmental Management (IDEM) has reason to believe that Schuringa Poultry Farms, Inc. (Respondent) has violated environmental statutes and rules. The violations are based on the following:

1. Respondent owns and/or operates an unregistered confined feeding operation located at 198 East County Road 800 North in Wheatfield, Jasper County, Indiana (the “Site”).

2. Pursuant to 327 IAC 16-3-1 (e), manure to be staged or applied to land in Indiana must be staged or applied in such a manner as (1) not to enter or threaten to enter waters of the state; (2) to prevent runoff, ponding for more than twenty-four (24) hours and spills and (3) to minimize nutrient leaching beyond the root zone.

The Respondent did not stage or apply the manure in a manner to prevent runoff or prevent spills, a violation of 327 IAC 16-3-1 (e).

3. Pursuant to 327 IAC 16-4-1, confined feeding operations must have a valid approval to operate or close in accordance with 327 IAC 16-11.

The Respondent does not have a valid approval to operate or close a confined feeding operation in accordance with 327 IAC 16-11.

4. Pursuant to 327 IAC 16-10-3 (a), manure that is staged at the manure application site for more than seventy-two (72) hours must be covered or otherwise protected, and applied to the site within ninety (90) days.

The Respondent is allowing manure to be staged for more than seventy-two (72) hours unprotected, a violation of 327 IAC 16-10-3 (a).

In accordance with IC 13-30-3-3, the Commissioner herein provides notice that a violations may exist and offers an opportunity to enter into an Agreed Order providing for the action required to correct the violations and for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than sixty (60) days.

As provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violations occurred. IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violations and avoidance of extensive litigation. Timely settlement by Agreed Order may result in a reduced civil penalty. Also, settlement discussions will allow the opportunity to present any mitigating factors that may be relevant to the violations.

If an Agreed Order is not entered into within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the actions that must be taken to correct the violations and requiring the payment of an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day for each violation.

To discuss this matter further, please contact Melissa Farrington at 317-232-8409 within fifteen (15) days after receipt of this Notice to request a conference. If settlement is reached, an Agreed Order will be prepared and sent for review and signature.

For the Commissioner:

signed 10/28/04

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Jasper County Health Department

Northwest Indiana Solid Waste Management District

Jasper County G2A File