NOTICE OF VIOLATION
Via Certified Mail# _______________
To: Richard Shura, President and Registered Agent
Central States Enterprises, Inc.
356 Hartzell Road
New Haven, Indiana 46774
Case No. 2003-12775-A
Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on December 8, 2001, Central States Enterprises, Inc., who owns and operates a grain elevator, located at 356 Hartzell Road, in New Haven, Allen County, Indiana, is in violation of the following environmental statute(s), rule(s) and/or permit(s):
A. Pursuant to 326 IAC 2-8-3(h) and condition B.17 of Federally Enforceable State Operating Permit ("FESOP") No. F003-5113-00019, for purposes of a FESOP renewal, a timely application is one that is submitted at least nine (9) months prior to the date of expiration of the source's existing permit. The FESOP for this source expired on December 9, 2001, however a FESOP renewal application was not submitted until November 26, 2002. This application was submitted less than nine (9) months prior to the expiration of the source's existing permit, a violation of 326 IAC 2-8-3(h) and condition b.17 of FESOP F003-5113-00019.
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 Melissa Farrington at 317-232-8409 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 7/1/03_________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: Allen County Health Department
Office of Legal Counsel
Melissa Farrington, Office of Enforcement
Jennifer Dorn, Office of Air Quality
Enforcement File
Public File
http://www.in.gov/idem/enforcement/