NOTICE OF VIOLATION

Via Certified Mail# _______________ Via Certified Mail#_______________

To: Mr. Dennert O. Ware, President Mr. Steve A. Oldham, Registered Agent

Roche Diagnostics Corp. Roche Diagnostics Corp.

9115 Hague Road, PO Box 50528 9115 Hague Road, PO Box 50528

Indianapolis, IN 46250 Indianapolis, IN 46250

Case No. 2001-10141-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on September 18, 1998, Roche Diagnostics Corp., located at 9115 Hague Road, Indianapolis, IN, was in violation of the following environmental rules:

A. Pursuant to 326 IAC 2-1-3, a source or facility which has allowable emissions of twenty-five (25) tons or more per year of any regulated pollutant shall apply for and obtain a construction permit prior to commencing construction. Four facilities located at this source, stand-by reciprocating diesel fired generators were constructed without first applying for and obtaining a construction permit, a violation of 326 IAC 2-1-3.

B. Pursuant to 326 IAC 2-1-4, a source or facility which has allowable emissions of twenty-five (25) tons or more per year of any regulated pollutant shall apply for and obtain an operating permit prior to commencing operation. The facilities noted in paragraph A. above began operating without first applying for and obtaining an operating permit, a violation of 326 IAC 2-1-4.

C. Pursuant to 326 IAC 2-7-3, any Part 70 source which has failed to submit a timely and complete Part 70 permit application may not operate after the time that it is required to submit the Part 70 permit application. This source continued to operate following the December 13, 1996 Part 70 permit submission deadline and prior to applying for and receiving a Part 70 permit, a violation of 326 IAC 2-7-3.

D. Pursuant to 326 IAC 2-7-4, the owner of each Part 70 source shall submit a timely and complete permit application. This source's Part 70 permit application was received after the December 13, 1996 submission deadline, a violation of 326 IAC 2-7-4.

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 Lynne Sullivan at (317) 233-5521 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 the Office of Enforcement at the above address within the sixty (60) day settlement period.

For the Commissioner:

Date: _______________ Signed 2/26/01

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement

cc: Steve Hunter, Roche Diagnostics Corp.

Marion County Health Department

Jean Bauer, EPA Region 5

Cheryl Carlson, City of Indianapolis ERMD

Dick Sekula, IDEM, OAQ

Jay Rodia, IDEM, OLC

Lynne Sullivan, IDEM, OE

Enforcement File

OAQ Public File

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