Via Certified Mail # Via Certified Mail #

To: Frank R. Firsching, President CT Corporation System, Registered Agent

Envirex, Inc. For Envirex, Inc.

40-004 Cook Street One North Capital Avenue

Palm Desert, CA 92211 Indianapolis, IN 46204

Case No. 2003-13067-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), Envirex, Inc., a.k.a. Envirex Products d.b.a. US Filter ("Respondent"), which owns and operates a water/wastewater treatment metal equipment fabrication facility, located at 2753 Michigan Road in Madison, Indiana, Jefferson County, was in violation of the following environmental statute(s), rule(s), and/or permit(s):

Pursuant to 326 IAC 2-7-4(a)(1)(D) and condition B.18(b)(1)(A) of Part 70 Permit No. T077-6461-00010, issued on September 23, 1998, for purposes of a Part 70 permit 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 Part 70 permit for this source expired on September 28, 2003, however a Part 70 renewal application was not submitted until January 21, 2003. This application was submitted less than nine (9) months prior to the expiration of the source's existing permit, a violation of 326 IAC 2-7-4(a)(1)(D) and condition B.18(b)(1)(A) of Part 70 Permit No. T077-6461-00010.

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.

Please contact Mr. Michael Stonik at (317) 233-0033 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter. If you are willing to resolve this matter as provided for in the enclosed Agreed Order, please sign and return it to the Office of Enforcement at the above address within the sixty (60) day settlement period.

For the Commissioner:

Signed on November 3, 2003

Date:

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Rochelle A. Marceillars, US EPA Region 5

Madison County Health Department

Office of Legal Counsel

Michael Stonik, Office of Enforcement

Karthika Thurairajah, Office of Air Quality

Patrick Burton, Office of Air Quality

Enforcement File

Public File

http://www.ai.org/idem/

Mr. Lonnie L. Crutcher, Manager

Environmental, Health, & Safety

Envirex, Inc.

2753 Michigan Road

Madison, IN 47250