NOTICE OF VIOLATION
Via Certified Mail# _______________
To: David R. Christian, President & Registered Agent
Ampcor II, Inc.
105 Koomler Drive
Laporte, Indiana 46350
Case No. 2002-12483-A
Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on July 2, 2002, a records review indicated that Ampcor II, Inc., which owns and operates a stationary operation that manufactures casket hardware located at 105 Koomler Drive, in LaPorte, Laporte County, Indiana, was in violation of the following environmental statute(s), rule(s) and/or permit(s):
A. Pursuant to permit condition B.11 of the Part 70 permit number T091-7804-00052, Ampcor II, Inc. must submit an annual compliance certification with terms and conditions of the Part 70 permit as required in 326 IAC 2-7-6(5), by July 1 of each year to cover the time period from January 1 to December 31 of the previous year. The facility failed to submit the annual compliance certification for the year 2001 by July 1, 2002, a violation of the Part 70 permit condition and 326 IAC 2-7-6(5).
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 Amy L. Moreland at 317.232.8428 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 4/30/03
Date: _______________ _________________________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: LaPorte County Health Department
Enforcement File (2002-12483-A)
Amy Moreland, Office of Enforcement
Office of Legal Counsel
Ramesh Tejuja, Air Inspector NWRO
Ms. Tris Gour, Ampcor II, Inc., Post Office Box 87, LaPorte, Indiana 46352-0087
Public File