Via Certified Mail #                                                     Via Certified Mail #
 

To: Richard McClelland                                             Matt Kelley
President of Mar-Zane, Inc.                                         Registered Agent of Mar-Zane, Inc.
a subsidiary of Shelly and Sands, Inc.                         a subsidiary of Shelly and Sands, Inc.
3570 South River Road                                             15215 River Road
Zanesville, Ohio 43701                                             Noblesville, Indiana 46060

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on August 21, 2003, Mar-Zane, Inc. a subsidiary of Shelly and Sands, Inc. ("Respondent"), which owns and operates a stationary hot batch mix asphalt plant located at 15215 River Road in Noblesville, Hamilton County, Indiana, was in violation of the following environmental statute(s), rule(s), and/or permit(s):
 

A. Pursuant to 326 IAC 2-8-3(h) and condition B.17 of Federally Enforceable State Operating Permit ("FESOP") No. F057-7092-03300, for purposes of a FESOP 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 FESOP for this source expires on May 21, 2004, however a FESOP renewal application was not submitted until November 27, 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 2-8-3(h) and condition B.17 and F057-7092-03300.

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 Amy L. Moreland at (317) 232.8428 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:

Date: Signed 2/10/04

Felicia A. Robinson
Deputy Commissioner
for Legal Affairs

cc: Hamilton County Health Department
Office of Legal Counsel
Amy Moreland, Office of Enforcement
Karthika Thuraiajah, Office of Air Quality
Marc Goldman, Office of Air Quality
Ronald Morrison, Mar-Zane, Inc., 3570 South River Road, Zanesville, Ohio 43701
Enforcement File 2003-13502-A
Public File
http://www.ai.org/idem/