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     Via Certified Mail #    
                
                

NOTICE OF VIOLATION

            
To:    Arnold D. Harrington, Incorporator and Resident Agent
    Alumnitec, Incorporated
    3011 Fox Hill Drive
    Floyds Knobs, Indiana 47119
                    

Cause No. A-4358

     Designated representative(s) of the Indiana Department of Environmental Management (IDEM) conducted a records review on July 8, 1998. You were found in violation of 326 IAC 2- 6-3. That rule, in part, requires the owner or operator of any facility with the potential to emit any regulated pollutant at levels greater than one hundred (100) tons per year to annually submit an emission statement by April 15 of the following year to the Commissioner. That violation is based on the fact that during the records review it was determined that you failed to submit your emission statement for 1997 by April 15, 1998, to the Commissioner.

    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.

    Please contact Eric Larsen at (317) 233-1133 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.

                            For the Commissioner:

Date:    ____________________            Signed on 11/23/98
                            Felicia Robinson George
                            Assistant Commissioner of Enforcement

Enclosure
cc:    Jean Bauer, US EPA Region 5 (with enclosure)
    Clark County Health Department (with enclosure)
    OAM Public File (with enclosure)
    http://www.ai.org/idem/
    

    

bcc:    Aaron Schmoll, Office of Legal Counsel (with enclosure)
    Eric Larsen, Office of Enforcement (with enclosure)
    Joe Foyst, Office of Air Management (with enclosure)
    Enforcement File (with enclosure)
    

Converted by Andrew Scriven