NOTICE OF VIOLATION

Via Certified Mail # Via Certified Mail #

To: Derald Bontrager, President Kennard R.. Weaver, Registered Agent

Jayco Enterprises, Inc. Jayco Enterprises, Inc.

903 Sought Main Street 301 Main Street Suite 307

Middlebury, Indiana 46540 Elkhart, Indiana 46516

Case No. 2001-10334-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on June 15, 2000, a records review indicated that Jayco Enterprises, Inc. ("Respondent"), located at 903 South Main Street, Middlebury, Indiana, was in violation of the following environmental statute(s), rule(s), and/or permit(s):

A. Pursuant to permit condition B.11of the Part 70 permit number T039-5080-00265, this facility, a recreational vehicle manufacturing source, must submit an annual compliance certification with terms and conditions of the Part 70 permit as required in 326 IAC 2-7-6(5), by April 15 of each year to cover the time period from January 1 to December 31 of the previous year. The facility failed to submit the annual compliance certification for the year 1999 by April 15, 2000, a violation of the Part 70 permit condition..

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 Mrs. Amy Moreland at (317) 232-8428 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:

Signed 1/17/02

Date:

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Jean Bauer, US EPA Region 5

Elkhart County Health Department

Jay Rodia, Office of Legal Counsel

Amy L. Moreland, Office of Enforcement

Imelda Boatman, Office of Air Quality

Enforcement File

Public File

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