VIA CERTIFIED MAIL #         VIA CERTIFIED MAIL #

To:    Mr. David Graff, President            
    Firestone Industrial Products         
    12650 Hampton Crossing Blvd.            
    Carmel, Indiana 46032    
                 

                        
    Designated representatives of the Indiana Department of Environmental Management (IDEM) conducted an inspection of Firestone Industrial Products a facility, located at 1700 Firestone Blvd., Noblesville, Indiana on September 18, 1997. The U.S. EPA I.D. number of your facility is IND 006 418 263.

    The inspection revealed violations of Indiana Code (IC) and the Hazardous Waste Management Rules under 329 IAC 3.1. This article incorporates July 1, 1995, federal standards for the management of hazardous waste, which have been published in 40 CFR 260 through 40 CFR 273.

    The violations observed are as stated in Finding No. 5 of the enclosed proposed Agreed Order.

    In accordance with Indiana Code 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.

    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 violation occurred.

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

    Please contact the Enforcement Case Manager, Ms. Idelia Walker Glover, at 317/233- 3830, 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. Walker-Glover, Office of Enforcement, at the above address within the sixty (60) day settlement period.

For the Commissioner:
                        

Date: ______________________             Signed March 24,1998
                         David J. Hensel
                            Director
                            Office of Enforcement

Enclosure

cc:    Hamilton County Health Department (w/enclosure)
    Mr. Scott Storms, Office of Legal Counsel (w/enclosure)
    Ms. Nancy L. Johnston (w/enclosure)
    Mr. Mark Espich (w/enclosure)

Converted by Andrew Scriven