NOTICE OF VIOLATION
Via Certified Mail# ____________________ Via Certified Mail# _____________________
To: Mr. Michael Kreps, President Mr. Richard Lain, Registered Agent
Elite Enterprises Inc. C/O Elite Enterprises, Inc.
1508 Sycamore Hills Drive 2701 S. Coliseum Blvd. Ste. 1158
Fort Wayne, Indiana 46804 Fort Wayne, Indiana 46804
Case No.: 2003-13451-A
Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), Elite Enterprises, Inc., which owns and operates a stationary metal and plastic surface coating operation for transportation, medical, consumer and building industries, located at 2701 South Coliseum Boulevard, Suite 1158, Fort Wayne, Allen County, Indiana was in violation of the following environmental statute(s), rule(s) and/or permit(s):
A. Pursuant to 326 IAC 2-7-10.5, an owner or operator of a Part 70 source shall submit a request for a source modification and obtain approval prior to constructing new emission units, modifying existing emission units or otherwise modifying the source if the modification increases the potential to emit of a regulated pollutant. The source modified its coating operation, which resulted in an increase to the potential to emit of a regulated pollutant without obtaining a source modification, a violation of 326 IAC 2-7-10.5.
B. Pursuant to 326 IAC 2-7-12, an owner or operator of a Part 70 source shall submit a permit modification for any revision to a Part 70 permit that can not be accomplished under the provisions for administrative permit amendment. The source did not obtain a significant permit modification for the modification to the coating operation, a violation of 326 IAC 2-7-12.
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 L. 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:
Signed 1/8/04
Date: _______________ _________________________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: Ms. Rochelle A. Marceillars, U. S. EPA Region 5
Allen County Health Department
Office of Legal Counsel
Ms. Linda L. McClure, Office of Enforcement
Public File (003-00205)
Enforcement File (2003-13451-A)