NOTICE OF VIOLATION

Via Certified Mail# _______________ Via Certified Mail#_______________

To: Richard Reece, President Indiana Ductile, LLC

Indiana Ductile, LLC 1020 Market Tower

1600 South 8th Street 10 West Market Street

Noblesville, IN 46060 Indianapolis, IN 46204

Case No. 2002-11517-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on April 10, 2002, Indiana Ductile, LLC ("IDL"), which owns and operates the ductile iron foundry located at 1600 South 8th Street in Noblesville, Indiana, was in violation of the following environmental statute(s), rule(s), and/or permit(s):

• Pursuant to condition D.1.10 of Significant Source Modification ("SSM") No. 057-10672-00002, the Permittee shall record the static pressure drop across the wet collectors (designated as East and West scrubbers) used in conjunction with the three (3) casting machines, known as EU-7, EU-8 and EU-9, three (3) cooling lines, known as EU-7A, EU-8A and EU-9A, and three (3) shake-out units, known as EU-11, EU-12 and EU-13, the one (1) casting vibratory conveyor, known as EU-16, one (1) muller, known as EU-17, return sand screens, known as EU-18, one (1) return sand conveyor system, known as EU-27, two (2) return sand storage bins, known as EU-19 and EU-20, one (1) bond storage bin, known as EU-23, two (2) outdoor sand storage bins, known as EU-24 and EU-25, and one (1) sand storage bin, known as EU-26, at least once weekly when casting cooling, shakeout, sand grinding and handling processes are in operation when venting to the atmosphere. Unless operated under conditions for which the Compliance Response Plan ("CRP") specifies otherwise, the pressure drop across the wet collectors shall be maintained within the range of 7.0 and 9.0 inches of water. The CRP for this unit shall contain trouble shooting contingency and response steps for when the pressure reading is outside of the above mentioned range. On April 10, 2002, a representative of IDEM's Office of Air Quality ("OAQ") conducted a compliance inspection at this facility. At the time of this inspection, the inspector noted that the permittee had recorded the pressure drop for the wet collectors specified above, and on several occasions the wet collectors were operated outside the pressure drop range. Based in the inspector's finding, IDL failed to take corrective action when the pressure drop fell outside the range, violations of condition D.1.10 of SSM No. 057-10672-00002

• Pursuant to condition C.10(a)(5) of SSM No. 057-10672-00002, this facility is required to develop a Compliance Response Plan ("CRP") for each compliance monitoring condition of this approval. The CRP shall be prepared within ninety (90) days after issuance of this approval (issued October 20, 1999) by the Permittee and maintained on site. On April 10, 2002, a representative of IDEM's OAQ conducted a compliance inspection at this facility. At the time of this inspection, the inspector noted that IDL had no CRP specifying response steps for when the pressure reading is outside of the above mentioned range at the wet collectors associated with condition D.10 of the SSM, a violation of condition C.10 of SSM No. 057-10672-00002.

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 Matthew Stuckey at (317) 233-1134 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 on 9/27/02)____

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Hamilton County Health Department

Office of Legal Counsel

Richard Sekula, Office of Air Quality

Matthew Stuckey, Office of Enforcement

Enforcement File

Public File

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