NOTICE OF VIOLATION

 

 

Via Certified Mail #:   7002 0510 0004 0442 4524

To:

David J. Hoefling, President and Registered Agent

 

County Road 200 East

 

020 Hoefling Drive P.O. Box 500

 

Washington, IN 47501

 

Case No. 2004-13747-A

 

Based on an investigation, the Indiana Department of Environmental Management (IDEM) has reason to believe the Hoefling Truck and Tractor, Inc. (Respondent) has violated an environmental rule.  The violations are based on the following:

 

1.                  Respondent owns and operates a retail facility, specializing in tractors and trucks located at County Road 200 East in Washington, Daviess County, Indiana (the “Site”).

 

2.                  Pursuant to 326 IAC 4-1-2, open burning is prohibited unless exempted by rule or an approval is obtained. On January 07, 2004, an inspector observed open burning of what appeared to be wooden pallets at the above mentioned location, a violation of 326 IAC 4-1-2.

 

3.                  On January 19, 2004, an inspector observed open burning at the above-mentioned location, a violation of 326 IAC 4-1-2.  This burning occurred four (4) days after your company received a violation letter on January 15, 2004, prohibiting open burning as a means of refuse disposal.

 

In accordance with IC 13-30-3-3, the Commissioner herein provides notice that a violations may exist and offers an opportunity to enter into an Agreed Order providing for the action 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.

 

As provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violations occurred.  IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violations 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 violations.

 

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 violations 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.

 

Please contact Brenda Mathews at (317) 232-8408 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.

 

For the Commissioner:

Signed on November 22, 2004

Felicia A. Robinson

Deputy Commissioner for

Legal Affairs

 

cc:        Daviess County Health Department

            Office of Legal Counsel

            Brenda Mathews, Office of Enforcement

            Gene Kelso, Southwest Regional Office

            Larry Haag, Office of Pollution Prevention and Technical Assistance

            Office of Air Quality Public File

            Enforcement File

            http://www.in.gov/idem