VIA CERTIFIED MAIL                 VIA CERTIFIED MAIL
    ____________________                ____________________

To:    Mr. Douglas E. Mix, Vice-President        TO:    C. T. Corporation System
    Regulatory Affairs                    1 North Capitol Avenue
    White Consolidated Industries, Inc.            Indianapolis, Indiana 46204
    11770 Berea Road
    Cleveland, Ohio 44111                

    From November 1987 to December 1994, WCI owned and operated the Frigidaire Plant ("the Plant") located at 2000 Illinois Avenue in Connersville, Indiana. During this time the Plant manufactured household appliances and discharged process wastewater to the Connersville Wastewater Treatment Plant (WWTP) under permit No. CU-108 ("the Permit"). The WWTP operates an approved pretreatment program for its industrial users under National Pollutant Discharge Elimination System (NPDES) permit No. IN 0032336.

    Based on the above record review WCI was found in violation of the following provisions of the Indiana Code (IC), Indiana Administrative Code (IAC), the Permit, Federal categorical and local pre-treatment standards, based on the following:

    IC 13-30-2-1 requires, in substance, that no person may discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste including any noxious odor, either alone or in combination with contaminants from other sources, into the environment or into any publicly owned treatment works in any form which causes or would cause pollution which

violates or would violate rules, standards, or discharge emission requirements adopted by the appropriate board pursuant to this article.

    327 IAC 5-12 requires that all discharges to POTWs comply with State and Federal pretreatment standards. The Plant fell under 40 CFR 433.17 and 40 CFR 466.14 Federal Categorical pre-treatment standards as well as local pretreatment standards as stated in the Permit.

    The Federal categorical pretreatment standards contained in 40 CFR 433.17 and 40 CFR 466.14 are incorporated by reference into 327 IAC 5-12-6.

    The Permit issued by the City of Connersville became effective on May 4, 1992. The Permit lists under Part 7, "Effluent Limitations" and Attachment B, the effluent limitations and monitoring requirements for the Plant. These are based, in part, on the Federal categorical pretreatment standards limiting concentrations of certain metals and total toxic organics. In addition, the Permit lists in Attachment B, discharge limitations based on general prohibitive discharge standards, as contained in the Connersville Sewer Usage Ordinance, Section 51.05 of Chapter 51, per the requirements of 40 CFR 403.5. These limitations concern conventional pollutants including pH, Suspended Solids (SS), and Chemical Oxygen Demand (COD). These standards are deemed pretreatment standards under 327 IAC 5-11-1 through 327 IAC 5-15-12, through authority of 327 IAC 5-12-2.

    Based on the metals discharge limitations contained in the Plant's Industrial Wastewater Discharge Permit and reported by the Plant to Connersville Utilities, WCI exceeded the:

    a.    Nickel concentration limit a total of thirty-two (32) times between February 1992 and December 1994;

    b.    Zinc concentration limit a total of twenty-three (23) times between August 1992 and October 1994;

    c.    Iron concentration limit a total of six (6) times between February 1992 and July 1994;

    d.    Lead concentration limit a total of two (2) times during December 1994; and

    e.    Chromium concentration limit one (1) time during December 1994.

    a.    SS concentration limit a total of eleven (11) times between August 1992 and December 1994;

    b.    COD limit a total of three (3) times between June 1993 and July 1994; and

    c.    pH limit a total of sixteen (16) times between February 1992 and December 1994.

    The Plant also violated the Permit's monitoring and reporting requirements by submitting five (5) late reports to Connersville Utilities during the period between March 1993 and November 1994, and failed to provide complete data thirteen (13) times during the period between December 1992 and September 1994. These failures to report or report timely constitute failures to carry out monitoring, recording and reporting required under approved POTW programs and are therefore violations of the pretreatment rules under 327 IAC 5-11-5.

    These exceedances and failure to submit complete and/or timely reports are violations of IC 13-30-2-1 and the State pretreatment rules, 327 IAC 5-11-1 through 327 IAC 5-15-12, through authority of 327 IAC 5-11-5.

    327 IAC 5-11-5 states in relevant part that the commissioner may (independently of any enforcement proceedings by the POTW) take enforcement measures (including the assessment of civil penalties) against the industrial user for violations of pretreatment standards and requirements contained in the pretreatment rules 327 IAC 5-11-1 through 327 IAC 5-15-12.

    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.

    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 Steven Judith, Senior Environmental Manager at 317/232-8409 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 6/27/97
                            Patrick Carroll
                            Director
                            Office of Enforcement

cc:    Jim Filippini, Chief, Compliance Unit 2
     U.S. EPA, Region 5, Water Section
    Fayette County Health Department

Converted by Andrew Scriven