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VIA CERTIFIED MAIL #_____________________

NOTICE OF VIOLATION


To:    Ben Eddie                Robert Becker,
    Property Manager            Registered Agent
    Martin & Bayley, Inc.        Martin & Bayley, Inc.
    P. O. Box 385                708 Hulman Bldg
    Carmi, IL 62821            Evansville, In 47704
    .                            
    

Cause No. A-3385

    Designated representative(s) of the Indiana Department of Environmental Management (IDEM) conducted an inspection at 102 E. Lincoln Way, Chandler, IN ("the Site").

    IDEM conducted an inspection on May 2, 1995. You were found in violation of 326 IAC 14-10-3(1) which requires each owner or operator of a demolition or renovation activity to whom this section applies shall provide the Commissioner with written notice of intention to demolish or renovate on a form to be provided by the Commissioner and update such notice as necessary.

This violation is based on the fact that during the inspection it was learned that:

-The building that had formerly stood on this property had been demolished and removed.
-The building was demolished by Ray Stradtner Excavating (RSE) at the direction of the property owner Martin & Bayley, Inc.(M & B).
-A notification of intent to demolish was not submitted to the Office of Air Management, IDEM, a violation of Rule 326 IAC 14-10-3(1).

    In accordance with IC 13-30-3-3 (IC 13-7-11-2(b) prior to July 1, 1996), the Commissioner is required to notify you in writing that the Commissioner believes a violation exists and offer you an opportunity to enter into an Agreed Order providing for the actions 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.

    If settlement is not reached within sixty (60) days of your receipt of this Notice, the Commissioner may issue an Order pursuant to IC 13-30-3-4 (IC 13-7-11-2(c) prior to July 1, 1996) containing the actions you must take to achieve compliance, the required time frames, and an appropriate civil penalty. Pursuant to IC 13-30-4-1 (IC 13-7-13-1 prior to July 1, 1996), the Commissioner may assess penalties of up to $25,000 per day of any violation.

    The timely entry into an Agreed Order will prevent the necessity of an Order of the Commissioner being issued under IC 13-30-3-4 (IC 13-7-11-2(c) prior to July 1, 1996), or the filing of a civil court action under IC 13-14-10 or IC 13-14-2-6 (IC 13-7-12 and IC 13-7-5-7 prior to July 1, 1996 respectively). The advantages of entering into an Agreed Order are:

    1.    You may not be required to admit that any violation occurred.

    2.    The civil penalty may be less than that imposed under an Order of the Commissioner.

    Please contact Craig Henry at 317/233-1136 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter. If you are willing to resolve this matter as provided for in the enclosed Agreed Order, please sign and return it to the Office of Enforcement at the above address within the sixty (60) day settlement period.

                            For the Commissioner:

Date:    ____________________            Signed January 15, 1997
                            Patrick Carroll
                            Director
                            Office of Enforcement

cc:    Diane Sipe, U.S. EPA Region 5
    Warrick County Health Department
    Tammi Forster, Office of Legal Counsel
    Craig Henry, Office of Enforcement
    David Zendell, Office of Air Management
    OAM Public File
    Enforcement File
    

Converted by Andrew Scriven