NOTICE OF VIOLATION

Henry Janzen, President                                                     CT Corporation, Registered Agent
Deflecto Corporation                                                         for Deflecto Corporation
d/b/a Literature Display Products                                         d/b/a Literature Display Products
7035 E. 86th Street                                                             36 S. Pennsylvania Street
Indianapolis, Indiana                                                             Suite 700
                                                                                        Indianapolis, Indiana 46204

 
CASE NO. 2003-12930-W

Based on an investigation by designated representatives of the Indiana Department of Environmental Management ("IDEM") on March 8, 2003, Deflecto Corporation d/b/a Literature Display Products ("Deflecto"), which owns and/or operates a product distribution facility (the "Site"), at 121st Street, Fishers, Hamilton County, Indiana, has been found in violation of the following environmental rules and statutes:

A. Pursuant to 327 IAC 5-2-2, any discharge of pollutants into waters of the state as a point source discharge, except for exclusions made in 327 IAC 5-2-4, is prohibited unless in conformity with a valid National Pollutant Discharge Elimination System ("NPDES") permit obtained prior to discharge.

On March 8, 2003, a representative of IDEM conducted an investigation of a discharge of N&A Fruit Punch Flavor concentrate, product number FP-10566 (the "material"), from the Site through a broken sanitary sewer pipe, to an unnamed ditch, which runs into Mud and Sand Creeks, without a NPDES permit. Failure to obtain a NPDES permit prior to discharging the material into the waters of the state is in violation of 327 IAC 5-2-2.

B. Pursuant to 327 IAC 2-1-6(a)(1), the following are minimum water quality conditions:
    1. All waters at all times and at all places, including the mixing zone, shall meet the minimum conditions of being free from substances, materials, floating debris, oil or scum attributable to municipal, industrial, agricultural, and other land use practices, or other discharges:
    1. that will settle to form putrescent or otherwise objectionable deposits;
    2. that are in amounts sufficient to be unsightly or deleterious;
    3. that produce color, visible oil sheen, odor, or other conditions in such degree as to create a nuisance;
    4. which are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants or humans.
    5. which are in concentrations or combinations that will cause or contribute to the growth of aquatic plants or algae to such a degree as to create a nuisance, be unsightly, or otherwise impair the designated uses.
Pursuant to IC 13-30-2-1(1), a person may not discharge, emit, cause, allow or threaten to discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources, into the environment.

Pursuant to IC 13-18-4-5, it is unlawful for any person to throw, run, drain, or otherwise dispose into any of the streams or waters of Indiana; or cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters; any organic or inorganic matter that causes or contributes to a polluted condition of any waters, as determined by a rule of the board adopted under sections 1 and 3 of this chapter.

From March 3, 2003 through March 7, 2003, the material was discharged to waters of the state through a break in the sanitary sewer system, causing the water to turn red, in violation of 327 IAC 2-1-6(a)(1), and thus violating IC 13-30-2-1(1) and IC 13-18-4-5.

 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 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 60 days of receipt of this amended Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken to achieve compliance, including any 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.

Please contact Aletha Lenahan, Office of Enforcement Case Manager, at (317) 232-8407 within 15 days after receipt of this Notice regarding your intent to settle this matter.
 
 

For the Commissioner:
 

Date: _____7/21/03_______

Felicia A. Robinson
Deputy Commissioner
for Legal Affairs