Via Certified Mail#

To: Dallas Ridener

Dallas Ridener Demolition

714 Indianapolis Avenue

Lebanon, Indiana 46052

Case No. 2001-10948-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) during an inspection on September 26, 2001 and October 19, 2001, Dallas Ridener Demolition ("Respondent"), located at 714 Indianapolis Avenue in Lebanon, Boone county, Indiana was in violation of the following environmental statute(s), rule(s), and/or permit(s):

A. Pursuant to 326 IAC 14-10-3(7), in no event shall RACM removal work or demolition activities begin on a date other than the date contained in the most recent written notification. On September 26, 2001, an IDEM inspector noted that demolition activities at 200 South Meridian Street in Lebanon, Indiana began prior to start date indicated on the notification, a violation of 326 IAC 14-10-3(7).

B. Pursuant to 326 IAC 14-10-3(7), in no event shall RACM removal work or demolition activities begin on a date other than the date contained in the most recent written notification. On October 19, 2001, an IDEM inspector noted that demolition activities at 112 West South Street & 201-205 South Lebanon Street in Lebanon, Indiana began prior to start date indicated on the notification, a violation of 326 IAC 14-10-3(7).

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 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 2/19/02

Date:

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Boone County Health Department

Jay Rodia, Office of Legal Counsel

Amy Moreland, Office of Enforcement

Dan Lamberson, Office of Air Quality

John Clevenger, Office of Air Quality

Enforcement File

Public File

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