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VIA CERTIFIED MAIL #             

NOTICE OF VIOLATION

To:    Manubu Higashi
    President
    Nishikawa Standard Company
    324 Morrow Street
    Topeka, IN 46571

Cause No. H-12780

    Designated representatives of the Indiana Department of Environmental Management (IDEM) conducted an inspection of Nishikawa Standard Company, located at 501 High Road, Bremen, Indiana, on February 16, 1996 and March 29, 1996. The U.S. EPA I.D. number of your facility is IND 982 634 214.

    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 13-14-10-2 or IC 13-14-2-6. 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.

                                

                                
Date:                  signed on 7/2/97                                 John M. Hamilton
                                Commissioner

Enclosure

cc:    Marshall County Health Department (without enclosure)
    Ms. Loraine Seyfried, Office of Legal Counsel (with enclosure)
    Ms. Nancy Johnston, Office of Enforcement (with enclosure)
    Mr. Hugh Hem-Lee, Office of Solid and Hazardous Waste Management
    (with enclosure)

    

Converted by Andrew Scriven