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NOTICE OF VIOLATION

    Via Certified Mail#            Via Certified Mail#

To:    Tim Smith                C.T. Corporate Systems, Resident Agent for
    Tomkins Industries, Inc.         Tomkins Industries, Inc. - Dexter Axle Division
    P.O. Box 108                1 North Capitol
    Albion, IN 46701            Indianapolis, IN 46204

Cause No. A-4349

    Designated representative(s) of the Indiana Department of Environmental Management (IDEM) reviewed the Part 70 Permit application for Tomkins Industries, Inc.'s Dexter Axle Division located in Albion, Indiana ("the Site").

    During the permit review, you were found in violation of 326 IAC 8-2-9(d)(2) which requires applicable sources to apply surface coatings with volatile organic compound (VOC) content of less than 3.5 pounds per gallon. This violation is based on the fact that during the permit review it was discovered that the North and South Paint Lines and the Dip Tank applied coatings with VOC content exceeding the mandated level.

    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:

                            Signed on 8 December 1998
Date:    _______________                _________________________
                            Felicia Robinson George
                            Assistant Commissioner of Enforcement

cc:    Jean Bauer, US EPA Region 5
    Noble County Health Department
    Aaron Schmoll, Office of Legal Counsel
    Doyle Houser, Office of Air Management
    OAM Public File
    Enforcement File
    http://www.state.in.us/idem

Converted by Andrew Scriven