We make Indiana a cleaner, healthier place to live.

Commissioner (800) 451-6027

NOTICE OF VIOLATION

To: Steven Stark John R. Shell

Vice President, Manufacturing Director of Manufacturing

Citizens Gas & Coke Utility Citizens Gas & Coke Utility

2020 N. Meridian St. 2950 Prospect Street

Indianapolis, IN 46202 Indianapolis, IN 46203

Based on investigations by designated representatives of the Indiana Department of Environmental Management (IDEM) on June 11, June 14, September 28, November 15 and December 13, 2001 and March 15, 2002, Citizens Gas and Coke Utility, 2950 Prospect Street, Indianapolis, Marion County, IN (Site), was in violation of the following environmental rules:

1. Pursuant to 326 IAC 5-1-2(2)(A), opacity from a source or facility located in Marion County, Indiana, shall not exceed an average of thirty percent (30%) opacity in any one (1) six (6) minute averaging period. The First, Second, Third and Fourth Quarter 2001 Excess Emissions Reports for the E/H Coke Battery Underfire Stack, at the Site, demonstrate opacity in excess of thirty percent (30%) for at least one six minute averaging period during each quarter, in violation of 326 IAC 5-1-2(2)(A).
2. Pursuant to 326 IAC 6-4-2(4), no source shall allow fugitive dust to visibly cross the boundary or property line of a source. Citizens Gas & Coke Utility allowed fugitive dust from truck traffic on a gravel perimeter road to cross the property line at ground level, a violation of 326 IAC 6-4-2(4).
3. Pursuant to 326 IAC 11-3-2(b)(4), visible emissions from the charging system, including any open charge port, offtake system, mobile jumper pipe, or larry car shall be limited as follows: On and after July 1, 1982, such emissions shall not be visible for more than a cumulative total of one hundred twenty-five (125) seconds during five (5) consecutive charging periods. Citizens Gas and Coke Utility caused or allowed visible emissions from charge ports on the No. 1 Coke Battery for more than one hundred twenty five (125) seconds during five (5) consecutive charging periods, in violation of 326 IAC 11-3-2(b)(4).

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 Craig Henry at 317-233-1136 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 June 25, 2002