Based on an investigation, the Indiana Department of Environmental Management (IDEM) has reason to believe that Lehigh Cement Company (Respondent) has violated environmental rules and permit conditions. The violations are based on the following:

1. Respondent owns and operates a portland cement manufacturing source with ID number 093-00002 located at 121 North First Street, in Mitchell, Lawrence County, Indiana (the "Site').

2. Pursuant to 326 IAC 5-1-2(2)(B) and condition D.4.3(b)of Part 70 Permit No. T093-5990-00002, visible emissions shall not exceed twenty (20) percent. Kiln #1 and Kiln #2 exceeded 20% opacity during the second quarter of 2003, a violation of 326 IAC 5-1-2(2)(B) and condition D.4.3(b)of Part 70 Permit No. T093-5990-00002.

In accordance with IC 13-30-3-3, the Commissioner herein provides notice that a violation[s] may exist and offers an opportunity to enter into an Agreed Order providing for the action required to correct the violation[s] and for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than sixty (60) days.

As provided in IC 13-30-3-4, an alleged violator may enter into an Agreed Order without admitting that the violation[s] occurred. IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violation[s] and avoidance of extensive litigation. Timely settlement by Agreed Order may result in a reduced civil penalty. Also, settlement discussions will allow the opportunity to present any mitigating factors that may be relevant to the violation[s].

If an Agreed Order is not entered into within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the actions that must be taken to correct the violation[s] and requiring the payment of 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:

Date: Signed 2/24/04

Felicia A. Robinson
Deputy Commissioner
for Legal Affairs

cc: Ms. Rochelle Marceillars, U.S. EPA, Region 5
Lawrence County Health Department
Ms. Karen Ampil, Office of Air Quality
Office of Legal Council
Ms. Linda McClure, Office of Enforcement
Public File (093-00002)
Enforcement File (2003-13636-A)