Link to original WordPerfect Document here

NOTICE OF VIOLATION

    Via Certified Mail#                    Via Certified Mail#
To:    Jim Shafer                        L. Craig Fulmer, Resident Agent
    Covermaster, Incorporated                Covermaster, Incorporated
    57784 CR 35                        120 W. Lexington Ave.
    Elkhart, IN 46517                    Elkhart, IN 46516

Cause No. A-4312

    Designated representative(s) of the Indiana Department of Environmental Management (IDEM) conducted an inspection at Covermaster, Incorporated's fiberglass and aluminum truck cap manufacturing plant located in Elkhart, Indiana ("the Site").

    IDEM conducted an inspection on June 17, 1998. You were found in violation of 326 IAC 2-1-3 and 326 IAC 2-1-4 which require sources obtain construction and operation permits from IDEM's Office of Air Management before construction and operation of facilities with allowable emissions of twenty-five tons per year (25 tpy) of any regulated pollutant. This violation is based on the fact that during the inspection it was observed that the mold production, fiberglass lamination, gelcoating, and sanding & cutting facilities were constructed and had been operating in building two. These facilities had not received valid construction and operation permits from IDEM at the time of the inspection.

    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.

Entering into an Agreed Order will prevent the issuance of an Order of the Commissioner under IC 13-30-3-4 or the filing of a civil court action under IC 13-14-2-6. IDEM encourages timely settlement by Agreed Order, thereby saving time and resources. Timely settlement by Agreed Order may result in a reduced civil penalty. Settlement discussions will also give you the

opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, you may enter into an Agreed Order without admitting that the violation occurred.

    To discuss this matter further, please contact J. Brian Eaton at 317/233.6338 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 on November 23, 1998
                            Felicia Robinson George
                            Assistant Commissioner of Enforcement

cc:    Jean Bauer, US EPA Region 5
    OAM Public File
    Aaron Schmoll, Office of Legal Counsel
    Doug Elliott, Office of Air Management
    Enforcement File
    http://www.ai.org/idem/ anyone else?~

Converted by Andrew Scriven