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VIA CERTIFIED MAIL# ____________________

NOTICE OF VIOLATION

To:    Joseph VanCamp                David Fink
    Environmental Engineer            Resident Agent
    Auburn Foundry, Inc.                Auburn Foundry, Inc.
    635 West 11th St.                635 West 11th St.
    Auburn, IN 46706                Auburn, IN 46706

    

Cause No. A-3857

    A designated representative of the Indiana Department of Environmental Management (IDEM) conducted a records review for the Auburn Foundry, Inc. facility located at 635 West 11th St., Auburn, IN.

    During the records review, the Respondent was found in violation of Rule 326 IAC 2-1 which requires that a source or facility which has allowable 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. This violation is based on the fact that during the records review it was noted that construction of the two (2) core-making machines and one (1) core drying oven began prior to applying for and obtaining a construction permit.

    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. 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 Craig Henry at 317/233-1136 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 to you for review and signature.

                            For the Commissioner:

Date:    _______________                Signed May 22, 1997
                            Patrick Carroll
                            Director
                            Office of Enforcement

cc:    Linda Hamsing, US EPA Region 5
    DeKalb County Health Department
    OAM Public File
    


    

Converted by Andrew Scriven