NOTICE OF VIOLATION

Via Certified Mail# _______________

To: Thomas May, Contractor d/b/a T & B Excavating

8720 South Gore Road

Bloomington, Indiana 47403

Case No. 2000-10114-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on December 6, 2000, Thomas May, the contractor at Pedigo Bay construction site on Monroe Dam Road, in Bloomington, Indiana, Monroe County, was in violation of the following environmental rules:

A. Pursuant to 326 IAC 4-1-2, open burning is prohibited unless exempted by rule or an approval is obtained thru IDEM. On December 6, 2000, the Monroe County Health Department observed an unattended open burning of land clearing debris being conducted on the property owned by Seven Flags Inc. at the Pedigo Bay construction site on the Monroe Dam Road in Bloomington, Indiana, a violation of 326 IAC 4-1-2.

In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged violator in writing that a violation may exist and offer 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.

Entering into an Agreed Order will prevent the issuance of a Notice and Order of the Commissioner under IC 13-30-3-4, or the filing of a civil court action under IC 13-14-2-6. IDEM encourages settlement by Agreed Order, thereby saving time and resources. Timely settlement by Agreed Order may result in a reduced civil penalty. Settlement discussions will also allow the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violation occurred.

If settlement is not reached within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken 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 for each violation.

Please contact Amy L. Moreland, Case Manager at (317) 232-8428 within fifteen (15) days after receipt of this Notice to request a conference or to discuss this matter further. If settlement is reached, an Agreed Order will be prepared and sent for review and signature.

For the Commissioner:

Signed 3/2/01

Date: _______________ _________________________

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement

cc: Monroe County Health Department

Jay Rodia, Office of Legal Counsel

Amy L. Moreland, Office of Enforcement

Joe Foyst, Office of Air Quality

Enforcement File

OAQ Public File

http:// www.ai.org/idem/