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NOTICE OF VIOLATION

    Via Certified Mail #                Via Certified Mail #
To:    Charlie Donohoo, President            Stephen J. Beardsley, Resident Agent
    Graveyard Auto Salvage, Inc.        227 Pearl Street
    1320 Emery Crossing                New Albany, Indiana 47150
    Jeffersonville, Indiana 47130                

Cause No. A-4309

    Designated representative(s) of the Indiana Department of Environmental Management (IDEM) conducted an investigation of a tire fire at Graveyard Auto Salvage, Inc., located at 1320 Emery Lane, in Clarksville, Indiana 47129.

    IDEM conducted an investigation of an open burning incident at Graveyard Auto Salvage on July 4, 1998. You were found in violation of 326 IAC 4-1 which states that open burning is prohibited unless exempted by rule or an approval is issued. This violation is based on the fact that on July 4, 1998, an inspector from the Department of Environmental Management observed open burning of approximately 70,000 tires on the Respondent's property at 1320 Emery Crossing, in Clarksville, Indiana, a violation of 326 IAC 4-1.

    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 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 at 317/232 8428 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.

Signed on Sept 22 1998                     For the Commissioner:

Date:    ____________________            _________________________
                            David J. Hensel
                            Director
                            Office of Enforcement

Enclosure
cc:    Clark County Health Department
    OAM Public File
     http://www.ai.org/idem/
    

    


    
bcc:    Deborah Rush, Office of Legal Counsel
    John Tucker, Office of Enforcement
    David Holder, Office of Air Management
    Enforcement File
    

Converted by Andrew Scriven