Link to original WordPerfect Document here

VIA CERTIFIED MAIL #_____________________

NOTICE OF VIOLATION


To:    Mr. Robert Heine Jr., President and Resident Agent
    Bob Heine, Inc. d/b/a B&H Demolition
    7318 W. 15th Ave.
    Gary, Indiana 46406
    

Cause No. A-3598

    Designated representative(s) of the Indiana Department of Environmental Management (IDEM) conducted an inspection at 7318 W. 15th Ave. located in Gary, Indiana ("the Site") on March 26, 1996.

    You were found in violation of 326 IAC 2-1 which requires that no person shall construct or operate any source or facility subject to 326 IAC 2-1-1(b)(1) without a permit from the Commissioner. This violation is based on the fact that during the inspection it was observed that Bob Heine, Inc. had constructed and operated a portable concrete crusher at the Site without applying for or obtaining a permit from the Commissioner.

    In accordance with IC 13-30-3-3, 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 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, 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, or the filing of a civil court action under IC 13- 14-10 or IC 13-14-2-6. 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 Lynne Donahue at 317/233-5521 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:    July 20, 1998                    _________________________
                            David J. Hensel
                            Director
                            Office of Enforcement

Enclosure
cc:    Lake County Health Department
    OAM Public File
    George Kolettis, Gary APC
     http://www.ai.org/idem/

Converted by Andrew Scriven