Notice of Violation

NOTICE OF VIOLATION

Via Certified Mail# _____________________ Via Certified Mail#__________________

To: Mr. Larry Neidigh, President Ms. Debra Neidigh, Registered Agent

Neidigh Construction Corporation Neidigh Construction Corporation

2220 West Vernal Pike 5007 De Ann Drive

Bloomington, Indiana 47404 Bloomington, Indiana 47401

Case No. 2002-11294-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on February 4, 2002, and Neidigh Construction Corporation which has an office located at 2220 West Vernal Pike, Bloomington, Monroe 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(3)(P), the owner or operator must sign a certification stating that the information provided in notification is correct and that only Indiana licensed workers and project supervisors will be used to implement the asbestos removal project. The IDEM, Office of Air Quality noted that the owner or operator failed to provide correct information in the notification for the Firestone Industrial Products Company water tower project, a violation of 326 IAC 14-10-3(3)(P).

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 Linda McClure at 317-232-8408 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 4/9/02

Date: _______________ _________________________

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Hamilton County Health Department

Mr. Dan Lamberson, Office of Air Quality

Mr. Jay Rodia, Office of Legal Counsel

Ms. Linda McClure, Office of Enforcement

Enforcement file (2002-11294-A)

Public file (Asbestos - 10^th Floor)