Via Certified Mail# Via Certified Mail#

To: Kevin J. Kelly, President Richard D. Vick, Registered Agent

51320 Pebble Beach Court 1700 East Main Street

Granger, IN 46530 Griffith, Indiana 46319

Case No. 2001-10416-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on October 17 and 19, 2000, Walsh & Kelly, Inc. ("Respondent"),which owns and operates a stationary hot asphalt drum mixing plant, located at 1700 East Main Street in Griffith, Indiana, Lake County, was in violation of the following environmental statute(s), rule(s), and/or permit(s):

Pursuant to federally enforceable state operating permit (FESOP) number F089-6686-03215 condition D.1.1, the particulate matter emissions from the aggregate drying operation shall not exceed 0.03 grain per dry standard cubic foot (gr/dscf).

Based on the October 17 and 19, 2000, stack test results review, PM emissions from this stationary hot asphalt drum mixing facility exceed the emission rate established under the FESOP, a violation of the FESOP condition D.1.1.

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 Mr. Michael Stonik at (317) 233-0033 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 on October 19, 2001

Date:

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Jean Bauer, US EPA Region 5

Lake County Health Department

Jay Rodia, Office of Legal Counsel

Michael Stonik, Office of Enforcement

Quentin Flory, Office of Air Quality

Ramesh Tejuja, Northwest Regional Office

Enforcement File

Public File

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