NOTICE OF VIOLATION

 

 

Via Certified Mail# _____________________ Via Certified Mail# ___________________

Mr. Joseph F. Schieszler, Jr., President The Prentice-Hall Corporation System, Inc.

Rescar Industries, Inc. Registered Agent for Rescar Industries, Inc.

1101 31st Street 251 East Ohio Street, Suite 500

Downers Grove, Illinois 60515 Indianapolis, Indiana 46204

 

Case No. 2002-12485-A

 

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on August 23, 2002, Rescar Industries, Inc., located at 1723 West Walnut Street in Washington, Davis County, Indiana, is in violation of the following environmental statute(s), rule(s), and/or permit(s):

A. Pusuant to Operation Permit No. T027-7723-00006 ("Permit"), Section B.10 (Annual Compliance Certification) the permittee shall annually submit a compliance certification report to the Commissioner by July 1 of the following year. This facility/source failed to submit an Annual Compliance Certification for 2001 by July 1, 2002, a violation of Section B.10 of the Permit.

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 March 14, 2003

Date: _______________ _________________________

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

 

 

 

cc: Mr. David Hirschey, Rescar Companies, Inc.

Ms Jean Bauer, US EPA Region 5

Mr. Jay Rodia, Office of Legal Counsel

Ms Linda L. McClure, Office of Enforcement

Ms Imelda Boatman, Office of Air Quality

Enforcement File

OAM Public File

http://www.ai.org/idem

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CC Address:

Mr. David Hirschey

Director of Safety and Environmental Compliance

Rescar Companies, Inc.

407 West Brentwood

Channelview, TX 77530