NOTICE OF VIOLATION

Via Certified Mail# Via Certified Mail#

To: Lisa Jane Peretz, President Christopher Harvey, Registered Agent

Silberline Manufacturing Co., Inc. Silberline Manufacturing Co., Inc.

Lincoln Drive 119 S. 2^nd St.

Tamaqua, PA 18252 Decatur, IN 46733

Case No. 2002-11537-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on January 9, 2001, Silberline Manufacturing Co., Inc., 2010 Guy Brown Drive, Decatur, Indiana, was in violation of the following environmental statute(s), rule(s), and/or permit(s):

• Pursuant to 326 IAC 2-1-3, a source or facility which has allowable emissions of twenty-five (25) tons or more per year of any regulated pollutant shall apply for and obtain a construction permit prior to commencing construction. This violation is based on the fact that Silberline Manufacturing Co., Inc. constructed an aluminum pigment manufacturing process at 2010 Guy Brown Drive, Decatur, Indiana without first applying for and obtaining the required construction permit, a violation of 326 IAC 2-1-3.

• Pursuant to 326 IAC 2-1-4, no person may operate a source, facility, or modification with allowable emissions of twenty-five (25) tons or more per year of any regulated pollutant without first applying for and obtaining a permit to operate the source or facility from the commissioner. This violation is based on the fact that during the records review it was determined that Silberline Manufacturing Co., Inc. operated an aluminum pigment manufacturing process at 2010 Guy Brown Drive, Decatur, Indiana without first applying for and obtaining the required operating permit, a violation of 326 IAC 2-1-4.

• Pursuant to 326 IAC 2-6.1-2, any existing source that meets the applicability criteria under 326 IAC 2-5.1-3 shall submit a Minor Source Operating Permit application to IDEM no later than December 27, 1999. During the records review it was observed that Silberline Manufacturing Co., Inc, Inc. failed to submit a Minor Source Operating Permit application to IDEM by December 27, 1999, a violation of 326 IAC 2-6.1-2.

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 Eric Larsen at (317) 233-1133 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 03/27/03

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Jean Bauer, US EPA Region 5

Adams County Health Department

Eric Larsen, Office of Enforcement

Dave Rice, Office of Air Quality

Enforcement File

OAM Public File

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