NOTICE OF VIOLATION
Via Certified Mail# __________________ Via Certified Mail# __________________
To: Mr. Thomas J. Little, President The Prentice-Hall Corporation System, Inc.
Brandenburg Industrial Service Co. Registered Agent
2625 South Loomis 251 East Ohio Street, Suite 500
Chicago, IL 60608 Indianapolis, IN 46204
Case No. 2003-13535-A
Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on November 17, 2003, Brandenburg Industrial Service Co., which owns and operates a scrap steel processing operation, located at One North Broadway TS 670, Gary, Lake County, Indiana and was found in violation of the following environmental statute(s), rule(s), and/or permit(s):
A. Pursuant to 326 IAC 2-7-10.5(g)(2), a source may not begin construction on an emission unit necessary to implement the modification until the source has been issued a modification approval. The source constructed a paint booth and blast booth before issuance of a modification approval, a violation 326 IAC 2-7-10.5(g)(2).
B. Pursuant to 326 IAC 2-7-10.5(h)(2), a source may not operate an emission unit described in a modification approval prior to receiving a validation letter. The source began operation of a paint booth and blast booth prior to receiving a validation letter, a violation of 326 IAC 2-7-10.5(h)(2).
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 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 March 5, 2004
Date: _______________ _________________________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: Lake County Health Department
Mr. Rodney Sommerville, Gary Department of Environmental Affairs
Mr. Rick Massoels, Office of Air Quality, NRO
Ms. Amanda Baynham, Eastern Research Group
Office of Legal Counsel
Ms. Linda McClure, Office of Enforcement
Enforcement file (2003-13535-A)
Public file (089-00176)