VIA CERTIFIED MAIL #_____________        VIA CERTIFIED MAIL #_____________

Mr. Evris Coutroubis, President             C T Corporation, Resident Agent
Beta Steel Corporation                 One North Capitol Avenue
6500 S. Boundary Road                Indianapolis, Indiana 46204
Portage, Indiana 46368

    A designated representative of the Indiana Department of Environmental Management (IDEM) conducted a Compliance Evaluation Inspection (CEI) of the Beta Steel Corporation, located at 6600 Boundary Road, Portage, Indiana. This inspection was conducted on September 25, 1997. The U.S. EPA I.D. number of this facility is IND 984 904 466.

    This inspection revealed violations 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. 6 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- 14-10-2 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 violation occurred.

    2.    Normally, the civil penalty will be less than that imposed under an Order of the Commissioner.

    Please contact the Enforcement Case Manager, Richard R. Milton, at 317/232-4463, 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 Mr. Milton, Office of Enforcement, at the above address within the 60-day settlement period.

                             FOR THE COMMISSIONER:

Enclosure

cc:    Porter County Health Department (with enclosure)
    Mr. Toli Fliakos, Beta Steel Corporation (with enclosure)
    Mr. Les Chapman, IEMC (with enclosure)
    Mr. Aaron Schmoll, Office of Legal Council (with enclosure)
    Ms. Nancy L. Johnston, Office of Enforcement (with enclosure)
    Mr. Bob Malone, Office of Solid and Hazardous Waste Management (with enclosure)
    www.ai.org/idem

Converted by Andrew Scriven