NOTICE OF VIOLATION

Via Certified Mail #:__________________

To:      

Robert M. Heine Jr. President and Registered Agent

Bob Heine, Inc.

7318 W. 15th Street

Gary, Indiana 46406

Case Nos. 2004-13782-A and 2004-13783-A

Based on an investigation on April 15, 2003, the Indiana Department of Environmental Management (IDEM) has reason to believe that Bob Heine, Inc. (Respondent) has violated environmental rules and permits. The violations are based on the following:

    1. Respondent owns and operates concrete crushing operations with ID numbers 089-05063 and 089-05203 located at 7318 W. 15th Street in Gary and Whiting, Lake County, Indiana (the "Site").
    2. Pursuant to 326 IAC 2-7-6(5) and Title 5 Operating Permit T089-10932-05063 condition B.11, the Respondent must submit an annual compliance certification report which addresses the status of the source’s compliance with the terms and conditions of the Part 70 permit, by April 15 of each year to cover the time period from January 1 to December 31 of the previous year. The Respondent failed to submit the annual compliance certification for the year 2002 by April 15, 2003, a violation of 326 IAC 2-7-6(5) and this Part 70 permit condition.
    3. Pursuant to 326 IAC 2-7-6(5) and Title 5 Operating Permit T089-11072-05203 condition B.11, the Respondent must submit an annual compliance certification report which addresses the status of the source’s compliance with the terms and conditions of the Part 70 permit, by April 15 of each year to cover the time period from January 1 to December 31 of the previous year. The Respondent failed to submit the annual compliance certification for the year 2002 by April 15, 2003, a violation of 326 IAC 2-7-6(5) and this Part 70 permit condition.

In accordance with IC 13-30-3-3, the Commissioner herein provides notice that 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 13-30-3-4, 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.

To discuss this matter further, please contact Lynne Sullivan at (317) 233-5521 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 5/3/04

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc:        Rochelle Marceillars, US EPA Region 5

            Lake County Health Department

            Office of Legal Counsel

            Lynne Sullivan, Office of Enforcement

            Rick Massoels, Northwest Regional Office

            Rodney Sommerville, Gary Department of Environmental Affairs

            OAQ Public File

            Enforcement File

            http://www.in.gov/idem