NOTICE OF VIOLATION

VIA CERTIFIED MAIL# ___________________ VIA CERTIFIED MAIL# _____________________

David D. Hunter, President	David B. Fink, Registered Agent for
Auburn Foundry, Inc.	Auburn Foundry, Inc.
635 W. 11th St.	635 W. 11th St.
Auburn, IN 46706	Auburn, IN 46706

Case No. 2004-13829-H

Based on a record review on February 6, 2004, the Indiana Department of Environmental Management (IDEM) has reason to believe that Auburn Foundry, Inc. (Respondent) has violated an environmental rule. The violation is based on the following:

1. Respondent is the sole owner of a closed landfill located on the south edge of Auburn, Dekalb County, Indiana, with U.S. EPA I.D. number IND 005070685 (the "Site").

2. 329 IAC 3.1 incorporates certain federal hazardous waste management requirements found in 40 CFR Parts 260 through 273, including those identified below.

A. Pursuant to 40 CFR 270.1(c), owners and operators of landfills that received waste after July 26, 1982, or that certified closure after January 26, 1983, must have post-closure permits.

As noted during the record review, Respondent has failed to obtain a Post-Closure Permit for the Site. Respondent has submitted four (4) Post-Closure Permit Applications (the original plus three (3) revised applications), all which contained major deficiencies, as conveyed by IDEM in Notices of Deficiency. Respondent has not submitted a revised Post-Closure Permit Application in response to IDEM's latest Notice of Deficiency, dated December 1, 2003.

In accordance with IC 13-30-3-3, the Commissioner herein provides notice that a violation may exist and offers an opportunity to enter into an Agreed Order providing for the action required to correct the violation 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 occurred. IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violation 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.

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 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 Ms. Brenda Lepter at 317/233-5971 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.

For the Commissioner:

Date: 5/19/04

Felicia A. Robinson

Deputy Commissioner for

Legal Affairs 

cc: Dekalb County Health Department (w/enclosure)

Office of Legal Counsel (w/enclosure)

Ms. Nancy Johnston, Office of Enforcement (w/enclosure)

Ms. Jennifer Reno, Office of Land Quality (w/enclosure)

Mr. Vic Windle, Office of Land Quality (w/enclosure)

Mr. Troy Weaver, Office of Land Quality (w/enclosure)

OLQ 1B2 File (w/enclosure)

http://www.in.gov/idem