Via Certified Mail#

To: Kashem Sarker, President M.A. Kashem Sarker, Registered Agent

Reckon Plating, Inc. Reckon Plating, Inc.

4717 Taylor Street 5300 South Hanna Street

Fort Wayne, Indiana 46804 Fort Wayne, Indiana 46806

Case No. 2002-11394-H

Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on February 16 and 26, 2002, Reckon Plating, Inc., U.S. EPA ID number INR 000 001 305, located at 5300 South Hanna Street in Fort Wayne, Allen County, Indiana, was in violation of the following environmental rules:

Article 3.1 of Title 329 incorporates many of the federal hazardous waste management standards found in 40 CFR 260 through 40 CFR 273.

1. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.195, a generator must inspect tank systems once each operating day. This facility did not conduct the required inspections.
2. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(a), (b), & (c), facility personnel must complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in compliance with the hazardous waste management rules. Employees must be trained within six months after their date of hire and must take part in an annual review of the initial training. This facility did not provide employees with initial training.
3. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.51, a generator must have a contingency plan. This facility did not have a contingency plan.
4. Pursuant to 40 CFR 262.11, a person who generates a solid waste must determine if that waste is hazardous. This facility did not make hazardous waste determinations on grinding and polishing dusts, grinding belts, and cloth polishing wheels.

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 Jennifer Reno at 317-233-6336 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter.

Date: _______________ __Signed on 6/7/02____

cc: Allen County Health Department (w/enclosure)

Michael Byron, Office of Legal Counsel (w/enclosure)

Jennifer Reno, Office of Enforcement (w/enclosure)

Rick Roudebush, Office of Land Quality (w/enclosure)

OLQ 1B2 File (w/enclosure)

http://www.state.in.us/idem