NOTICE OF VIOLATION

Via Certified Mail# _______________ Via Certified Mail#_______________

To: Richard D. Kline, President C T Corporation System, Registered Agent

Lehigh Cement Company One North Capitol

7660 Imperial Way Indianapolis, IN 46204

Allentown, PA 18195

Case No. 2002-11618-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) during the 1st Quarter 2002, Lehigh Cement Company, located at 121 North First Street, Mitchell, Indiana, was in violation of the following environmental rule and permit:

A. Pursuant to 326 IAC 5-1-2(1)(A), and permit CP 093-4598-00002 section D.1.1 issued February 27, 1998, visible emissions from a source or facility located in an attainment area for particulate matter shall not exceed an average of forty percent (40%) opacity in any one (1) six (6) minute averaging period. The First Quarter 2002 Excess Emissions Report indicates opacity was in excess of 40% for 123.9 hours or 5.98% of 2089 hours of operation for Kiln #1/2, a violation of 326 IAC 5-1-2(1)(A) and permit CP 093-4598-00002.

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.

Please contact Lynne Sullivan at (317) 233-5521 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter. If you are willing to resolve this matter as provided for in the enclosed Agreed Order, please sign and return it to the Office of Enforcement at the above address within the sixty (60) day settlement period.

For the Commissioner:

Date: _______________ Signed 10/16/02

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Andy Bowman, McHale Cook & Welch

Jean Bauer, US EPA Region 5

Lawrence County Health Department

Jay Rodia, Office of Legal Counsel

Lynne Sullivan, Office of Enforcement

Ray Schick, Office of Air Quality

Karen Nowak, Office of Air Quality

Nisha Sizemore, Office of Air Quality

OAQ Public File

Enforcement File

http://www.IN.gov/idem