NOTICE OF VIOLATION

Via Certified Mail# _______________ Via Certified Mail#_______________

To: Peter Desocio, President Howard Bootz, Registered Agent

Bootz Manufacturing Company Bootz Manufacturing Company

1400 Park St. 1400 Park St.

Evansville, IN 47710 Evansville, IN 47710

Case No. 2003-12748-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) from November 1, 1999 to September 6, 2002, Bootz Manufacturing Company which operates a metal bath tub, sink and lavatory manufacturing operation located at 1400 Park St. in Evansville, Vanderburgh County, Indiana, was in violation of the following environmental rule:

A. Pursuant to 326 IAC 8-2-9, sources or facilities which coat miscellaneous metal parts with actual volatile organic compound (VOC) emissions greater than 15 lbs/day may not cause, allow, or permit the discharge into the atmosphere of any VOCs in excess of 3.5 lbs/gallon of coating, excluding water, delivered to a coating applicator. Bootz Manufacturing Company operated primer paint spray booth #1 while using coatings that contained VOCs higher than allowed by this rule, a violation of 326 IAC 8-2-9.

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 Lynne Sullivan at (317) 233-5521 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 3/11/03

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Jean Bauer, US EPA Region 5

Vanderburgh County Health Department

Dona Bergman, Evansville EPA

Judy Dicus Thomann, Southwest Regional Office

Jay Rodia, Office of Legal Counsel

Lynne Sullivan, Office of Enforcement

Phil Perry, Office of Air Quality

Aida DeGuzman, Office of Air Quality

OAQ Public File

Enforcement File

http://www.IN.gov/idem