Via Certified Mail#

To: Mr. Fletcher S. McCracken, President

IVC Industrial Coatings, Inc.

2245 Valley Avenue

Indianapolis, Indiana 46218

Case No. 2001-10327-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on June 15, 2000, a records review of IVC Industrial Coatings, Inc. ("Respondent"), located at 2245 Valley Avenue, Indianapolis, Marion County, Indiana was in violation of the following environmental statute(s), rule(s), and/or permit(s):

A. Pursuant to Part 70 Permit # T097-7794-00303, condition B.11 requires IVC Industrial Coatings Inc. to submit an annual compliance certification that must be received by April 15 of the following year. This facility/source failed to submit an annual compliance certification for 1999 by April 15, 2000, a violation of the aforementioned permit conditions

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.

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

For the Commissioner:

Signed 3/5/02

Date:

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Jean Bauer, US EPA Region 5

Marion County Health Department

Jay Rodia, Office of Legal Counsel

Amy Moreland, Office of Enforcement

Imelda Boatman, Office of Air Quality

Enforcement File

Public File

http://www.in.gov/idem/enforcement/