NOTICE OF VIOLATION
Via Certified Mail# ____________________ Via Certified Mail# _____________________
To: Mr. Wade C. Harrison II, President Mr. G. Edward Curtis, Registered Agent
Harrison Steel Casting Company C/O Harrison Steel Casting Company
900 Mound Street 900 Mound Street
Attica, Indiana 47918 Attica, Indiana 47918
Case No.: 2003-13453-A
Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), Harrison Steel Casting Company, which owns and operates a stationary steel and ductile iron castings plant, located at 900 North Mound Street, Attica, Fountain County, Indiana was in violation of the following environmental statute(s), rule(s) and/or permit(s):
A. Pursuant to 326 IAC 8-1-6 and Facility Operation Condition D.8.1(b) of the Part 70 Permit Number T045-6002-00002, the Permittee shall comply with the BACT requirement and limit Volatile Organic Compound (VOC) emissions from the shakeout operation exhausting to stack DC12 to 1.2 pounds per ton of metal and 18.9 pounds per hour. A compliance test conducted on June 12, 2003, of shakeout operation stack DC12 determined VOC emissions to be 3.59 pounds per ton and 34.79 pounds per hour, a violation of 326 IAC 8-1-6 and Facility Operation Condition D.8.1(b) of the Part 70 Permit Number T045-6002-00002.
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 1/30/04
Date: _______________ _________________________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: Ms. Rochelle A. Marceillars, U. S. EPA Region 5
Fountain County Health Department
Office of Legal Counsel
Ms. Linda L. McClure, Office of Enforcement
Public File (045-00002)
Enforcement File (2003-13453-A)