NOTICE OF VIOLATION
Via Certified Mail # _______________
Via Certified Mail # ____________To: Mr. William K. Daniel, President CT Corporation System, Registered Agent
Roll Coater, Inc. 36 South Pennsylvania Street
2135 West Maple Road Suite 700
Troy, Michigan 48084 Indianapolis, Indiana 46204
Case No. 2001-10745-W
Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), Roll Coater, Inc., as owner of and NPDES permit holder for the facility located at Second Street and Hupp Road, Kingsbury Industrial Park, Kingsbury, Indiana, is in violation of environmental statutes, rules and provisions of its NPDES Permit No. IN 0038172 (the Permit) as follows:
Pursuant to IC 13-30-2-1, a person may not discharge, emit, cause, allow, or threaten to discharge, emit, cause , or allow any contaminant or waste, including any noxious odor either alone or in combination with contaminants from other sources, into the environment in any form that causes or would cause pollution that violates or would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under the environmental management laws.
Pursuant to 327 IAC 5-2-8(1) and Part II.A.1 of the Permit, Roll Coater, Inc. is required to comply with all terms and conditions of the Permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and IC 13 and is grounds for enforcement action.
Part I.A.1 of the Permit contains the final effluent limitations applicable to the discharge from Roll Coater, Inc.’s wastewater treatment plant Outfall 001.
Discharge Monitoring Reports and Monthly Reports of Operation submitted by Roll Coater, Inc. for January 2001 through September 2001 reveal that Roll Coater, Inc. failed to meet final effluent limitations contained in Part I.A.1 of the Permit as follows:
The failure to meet effluent limitations contained in the Permit is in violation of IC 13-30-2-1, 327 IAC 5-2-8(1), Part II.A.1 of the Permit, and Part I.A.1 of the Permit.
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 Dave Knox at 317/233-5975 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 10/24/01___
Felicia A. Robinson
Deputy Commissioner
For Legal Affairs
cc: U.S. E.P.A., Region V, Water Section
LaPorte County Health Department