June 25, 2003

 

 

NOTICE OF VIOLATION

 

 

Via Certified Mail# _______________

To: Mr. Charles S. Weaver

President and Registered Agent

Peerless Pottery, Inc.

671 North Lincoln Avenue

Post Office Box 145

Rockport, Indiana 47635

Case No.: 2003-12928-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), Peerless Pottery, Inc., which owns and operates a stationary vitreous china plumbing fixtures manufacturing facility, located at 671 North Lincoln Avenue, Rockport, Spencer County, Indiana was in violation of the following environmental statute(s), rule(s) and/or permit(s):

    1. Pursuant to 326 IAC 2-8-3(h) and Permit Condition B.17(b)(1) of the Part 70 Permit

F145-5584-00010, a Permittee is required to submit a FESOP renewal application nine (9) months prior to the date of expiration of the source’s existing permit. This source failed to submit the renewal application nine (9) months prior to the expiration of their existing permit, a violation of 326 IAC 2-8-3(h) and Permit Condition B.17(b)(1) of the Part 70 Permit

F-145-5584-00010.

 

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:

 

Date: _______________ Signed on June 24, 2003

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

 

cc: Mr. Stanley S. Weaver, President, Peerless Pottery, Inc.

Spencer County Health Department

Mr. R. Scott Anslinger, Office of Air Quality

Office of Legal Counsel

Ms. Linda McClure, Office of Enforcement

Public File (147-00010)

Enforcement File (2003-12928-A)