Notice of Violation

NOTICE OF VIOLATION

Via Certified Mail# ______________________

To: The Honorable Thomas Galligan, Mayor

The City of Jeffersonville

501 East Court Avenue

Jeffersonville, Indiana 47130-4029

Case No. 2002-11408-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on January 31, 2002, the City of Jeffersonville, which contracted the demolition of the former street department office building, located at Mechanic and 10^th Street in Jeffersonville, Clark County, Indiana was found in violation of the following environmental statute(s), rule(s), and/or permit(s):

A. Pursuant to 326 IAC 14-10-3(2), each owner or operator of a demolition or renovation activity is required to provide written notification to IDEM at least ten (10) working days before any activity begins that could disturb asbestos. The IDEM inspector noted that the owner or operator failed to provide IDEM with a timely notification, a violation of 326 IAC 14-10-3(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.

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 May 14, 2003

Date: _______________ _________________________

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Clark County Health Department

Mr. John Clevenger, Office of Air Quality

Ms. Mary Ann Habeeb, Office of Legal Counsel

Ms. Linda McClure, Office of Enforcement

Enforcement file (2002-11408-A)

Public file (Asbestos - 10^th Floor)