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VIA CERTIFIED MAIL#

NOTICE OF VIOLATION

To:    L. Michael Arnold, President and Registered Agent
    Haulmark Industries, Inc.
    14054 County Road 4
    Bristol, IN 46507

Cause No. A-3716

    Designated representatives of the Indiana Department of Environmental Management (IDEM) conducted a series of inspections between August 26, 1996 and February 17, 1997, which indicated that Haulmark Industries, Inc., located at 19244 C. R. 8 in Bristol, Indiana, (Respondent) has violated the following provisions of the Indiana Administrative Code (IAC):

    Rule 326 IAC 2-1 requires that a source or facility which has potential emissions of twenty-five (25) tons or more per year of any regulated pollutant apply for and obtain construction and operating permits prior to commencing construction and operation.

    Haulmark Industries, Inc., constructed and subsequently began operation of a trailer manufacturing plant located 19224 C. R. 8 in Bristol, Indiana, without applying for and obtaining construction and operation permits, violations of 326 IAC 2-1.

    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 to correct the violation and for the payment of a civil penalty, if appropriate. 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 or the filing of a civil court action. 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.

    To discuss this matter further, please contact the Enforcement Case Manager, Matthew Stuckey, at 317/233-1134 within fifteen (15) days after receipt of this Notice to schedule a conference. If settlement is reached, an Agreed Order will be prepared and sent to you for review and signature.

                            FOR THE COMMISSIONER:

Date:                  April 25, 1997
                            Patrick Carroll
                            Director
                            Office of Enforcement

cc:     Jean Bauer, U.S. EPA Region 5
    Elkhart County Health Department
    Office of Legal Counsel
    Greg Wingstrom, Office of Air Management
    Matthew Stuckey, Office of Enforcement
    Paul Trimmer, Project Manager for Bruce Carter Associates, LLC
    File

Converted by Andrew Scriven