NOTICE OF VIOLATION

VIA CERTIFIED MAIL# _______________________	VIA CERTIFIED MAIL# _________________________
Mr. Donald C. Van Pelt, Jr., President	CT Corporation System, Registered Agent
Plymouth Tube Company	251 E. Ohio St.
1512 Country Squire Dr.	Suite 1100
Geneva, IL 60134	Indianapolis, IN 46204

Case No. 2004-14186-H

Based on an investigation on June 17, 2004, the Indiana Department of Environmental Management (IDEM) has reason to believe that Plymouth Tube Company (Respondent) has violated environmental rules. The violations are based on the following:

1. Respondent owns and operates a company with U.S. EPA I.D. number IND 074 294 919, located at 572 W. State Road 14 in Winamac, Pulaski County, Indiana (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 262.34(a)(3), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that tanks are marked with the words "Hazardous Waste."

As noted during the inspection, Respondent did not label the 20,000 gallon K062 hazardous waste tank with the words "Hazardous Waste."

B. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.192(a), a generator with a new tank system must have an integrity assessment certified by an independent, qualified, registered, professional engineer in accordance with 40 CFR 270.11(d) attesting that the system has sufficient structural integrity.

As noted during the inspection, Respondent did not provide the required integrity assessment for the 20,000 gallon K062 hazardous waste tank system.

C. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.193(e)(2)(iv), secondary containment vault systems must be provided with an impermeable interior coating or lining that is compatible with the stored waste and that will prevent migration of waste into the concrete.

As noted during the inspection, Respondent did not provide the secondary containment vault system for the 20,000 gallon K062 hazardous waste tank with an impermeable coating or lining.

D. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.194(b)(2), a generator must use appropriate controls and practices to prevent spills and overflows from tank or secondary containment systems including overfill prevention controls (e.g., high level alarms).

As noted during the inspection, Respondent did not have overfill prevention controls on the 20,000 gallon K062 hazardous waste tank system.

E. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.195, a generator must inspect tank systems once each operating day.

As noted during the inspection, Respondent did not conduct and document the required inspections for the 20,000 gallon K062 hazardous waste tank system.

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 13-30-3-3, 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 Richard R. Milton at 317/232-4463 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.

For the Commissioner:

Signed on 11/29/04_____________

Felicia A. Robinson

Deputy Commissioner for

Legal Affairs

cc: Pulaski County Health Department (w/enclosure)

Jeff Fisher, Plymouth Tube Company (w/enclosure)

Nicole Sipe, Office of Legal Counsel (w/enclosure)

Nancy Johnston, Office of Enforcement (w/enclosure)

Scott Ormsby, Office of Land Quality (w/enclosure)

OLQ 1B2 File (w/enclosure)

http://www.in.gov/idem