Via Certified Mail #

Earl Brady d/b/a Brady's Tree Service

2675 South 700 East

Knox, Indiana 46534

Case No. 2001-11035-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on August 3, 2001, Earl Brady ("Respondent"), who lives at 2675 South 700 East, Knox, Starke County, Indiana was in violation of the following environmental statute(s), rule(s), and/or permit(s):

A. Pursuant to 326 IAC 4-1-2, open burning is prohibited unless exempted by rule or an approval is obtained. Debris had been consolidated into one large pile and burned on your property, a violation of 326 IAC 4-1-2.

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 3/18/02

Date:

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Starke County Health Department

Jay Rodia, Office of Legal Counsel

Amy Moreland, Office of Enforcement

Tony Pelath, Office of Air Quality-NRO

Paul Karkiewicz, Office of Air Quality

Enforcement File

Public File

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