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VIA CERTIFIED MAIL #             VIA CERTIFIED MAIL #

NOTICE OF VIOLATION

To:    Rodney D. Watson, President
    Sure Start
    3050 Poplar Avenue
    Suite 2000
    Memphis, TN 38157 		CT Corporation
Resident Agent for
Sure Start
One North Capitol
Indianapolis, IN 46204

Cause No. H-12704

    Designated representatives of the Indiana Department of Environmental Management (IDEM) conducted an inspection of Sure Start, located at 4760 Kentucky Avenue, Indianapolis, Indiana, on February 9, 1996. The U.S. EPA I.D. number of your facility is IND 981 788 573.

    The inspection revealed violations of the Indiana Code (IC) and the Hazardous Waste Management Rules under 329 IAC 3.1. This article incorporates July 1, 1992 federal standards for the management of hazardous waste, which have been published in 40 CFR 260 through 40 CFR 270.

    The violations observed are as stated in Finding No. 6 of the enclosed proposed Agreed Order.

    In accordance with IC 13-30-3-3, the Commissioner of the IDEM is required to notify you in writing that he 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 13-14-10-1 or IC 13-4-2-6. The advantages of entering into an Agreed Order are:

    1.    You may not be required to admit that any violations occurred.

    2.    The civil penalty may be less than that imposed under an Order of the Commissioner.

    Please contact the Enforcement Case Manager, Jennifer Tucker, at 317/233-5640 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 Ms. Tucker, Office of Enforcement, at the above address within the sixty (60) day settlement period.

                                FOR THE COMMISSIONER:

                                
Date:                  signed on 5/1/97
                                Patrick Carroll
                                Director
                                Office of Enforcement

Enclosure

cc:    Marion County Health Department (without enclosure)
    Mr. Scott Storms, Office of Legal Counsel (with enclosure)
    Mr. Richard R. Milton, Office of Enforcement (with enclosure)
    Debbie French, Office of Solid and Hazardous Waste Management
    (with enclosure)

    

Converted by Andrew Scriven