NOTICE OF VIOLATION
|
|
Via Certified Mail #: |
Via Certified Mail #: |
|
|
_________________________ |
_________________________ |
|
|
|
|
|
To: |
Mr.
Joseph L. Derita, President |
Mr.
Ron Schmucker, Registered Agent |
|
|
Dalton
Corporation |
for
Dalton Corporation |
|
|
|
|
|
|
|
|
Case No. 2004-14166-A
Based on an investigation on July 1, 2004, the Indiana Department of
Environmental Management (IDEM) has reason to believe that Dalton Corporation
(Respondent) has violated an environmental rule. The violations are based on the following:
1.
Respondent owns and operates a return sand handling facility
at its gray iron foundry with Federal ID number 113-00004 located at
2.
An inspection was conducted at the Site by a representative
of IDEM on July 1, 2004.
Pursuant to 326 IAC
5-1-2(1)(A), visible emissions from a source or facility located in an
attainment area for particulate matter shall not exceed an average of forty
percent (40%) opacity in any six-minute period.
During the inspection, opacity of visible emissions from this facility’s return
sand handling operation building was in excess of 40% six-minute average, a
violation of 326 IAC 5-1-2(1)(A).
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.
To discuss this matter further, please contact Mr.
Michael Stonik at (317) 233-0033 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 on January 10, 2006 |
|
|
|
Matthew
T. Klein |
|
|
|
Assistant
Commissioner for |
|
|
|
Compliance
and Enforcement |
|
|
|
|
|
cc: |
Noble
County Health Department |
|
|
|
Office
of Legal Counsel |
|
|
|
Michael
Stonik, Office of Enforcement |
|
|
|
Richard
Sekula, Office of Air Quality |
|
|
|
Enforcement
File |
|
|
|
||
|
|
|
|
|
Mr.
Michael Schall |
|
Dalton
Corporation |
|
|
|
|
|
|
|
Ms.
Lisa A. McCoy, Manager |
|
Administrative
Services |
|
Dalton
Corporation |
|
|
|
|
|
|