NOTICE OF VIOLATION

Via Certified Mail #:		Via Certified Mail #:
_______________________________		__________________________
To:	Gary Niblock, President	James Brotherson, Registered Agent
	Niblock Excavating Inc.	Niblock Excavating Inc.
	317 W. Franklin St.	68316 Old US 112
	Elkhart, IN 46514	White Pigeon, MI 49099

Case No. 2004-14261-A

Based on the results of a compliance test on July 22-23, 2004, the Indiana Department of Environmental Management (IDEM) has reason to believe that Niblock Excavating Incorporated (Respondent) has violated an environmental rule. The violation is based on the following:

1. Respondent owns and operates an asphalt production plant with ID number 039-03296 located at 52019 County Road 23 in Bristol, Elkhart County, Indiana (the “Site”).

2. Pursuant to 326 IAC 12-1-1(b)(1), the provisions of 40 CFR 60 were adopted by reference by the air pollution control board. Respondent’s asphalt production plant is subject to the requirements of the New Source Performance Standard (“NSPS”) established by 40 CFR 60.90 Subpart I, which limits PM emissions to 0.04 grains per dry standard cubic foot.

During the compliance test, the average PM emissions, for the baghouse, were 0.0956 grains per dry standard cubic foot, a violation of 40 CFR 60 Subpart I.

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 13-30-3-3, 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 Kristopher M. Grinnell at (317) 233-1133 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:

Signed on 12/28/04

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Elkhart County Health Department

Office of Legal Counsel

Kristopher M. Grinnell, Office of Enforcement

Paul Karkiewicz. Air Compliance Section

Daniel Harper, Compliance Data Section

OAQ Public File

Enforcement File

http://www.IN.gov/idem