NOTICE OF VIOLATION

Via Certified Mail# _______________ Via Certified Mail#_______________

To: Ms. Joanne Bucko, President Mr. Robert Bucko, Jr., Registered Agent

Bucko Construction Co., Inc. Bucko Construction Co., Inc.

890 Chase St. 890 Chase St.

Gary, IN 46404 Gary, IN 46404

Case Nos. 2001-10997-A

2001-11080-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on April 15, 2001 and July 1, 2001, Bucko Construction Co., Inc. which operates the asphalt production sources, located at 722 W. US Highway 20 in Michigan City, LaPorte Co. (Site 1) and 1505 Michigan St. in Gary, Lake Co. (Site 2), was in violation of the following environmental permits:

A. Pursuant to permit F 091-10360-03114 issued to Bucko Construction Co. for Site 1 on August 23, 1999, condition B.12 requires the permittee to annually submit a compliance certification report to IDEM by July 1 of each year. The compliance certification report for 2000 was due July 1, 2001, but was not received by IDEM until November 2, 2001, a violation of permit F 091-10360-03114.

B. Pursuant to permit F 089-8980-00179 issued to Bucko Construction Co. for Site 2 on May 7, 1998, condition B.12 requires the permittee to annually submit a compliance certification report to IDEM by April 15 of each year. The compliance certification report for 2000 was due April 15, 2001, but was not received by IDEM until November 2, 2001, a violation of permit F 089-8980-00179.

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 Lynne Sullivan at (317) 233-5521 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:

Date: _______________ Signed 8/27/02

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Jean Bauer, US EPA Region 5

LaPorte County Health Department

Lake County Health Department

Jay Rodia, Office of Legal Counsel

Lynne Sullivan, Office of Enforcement

Rick Massoels, Northwest Regional Office

Gary Dept. of Environmental Affairs

OAQ Public File

Enforcement File

http://www.IN.gov/idem