NOTICE OF VIOLATION
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Via Certified Mail#______________ |
Via Certified Mail#______________ |
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To: |
President |
To: |
Capital
Corporate Services, Inc. |
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The
Modern Group GP Sub, Inc. |
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Registered
Agent for |
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General
Partner of |
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Dragon/ESP
Midwest, Ltd. |
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Dragon/ESP
Midwest, Ltd. |
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16555
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Case No. 2004-14263-A
Based on an investigation, the Indiana Department of Environmental Management
(IDEM) has reason to believe that Dragon/ESP Midwest, Ltd. (Respondent) has
violated environmental rules. The
violations are based on the following:
1.
Respondent owns and operates a grit blast booth identified
as EU-02 at its stationary metal fabricating
facility with Federal ID number 049-00008
located at
2.
Pursuant to 326 IAC 2-7-3,
no Part 70 source may operate after the time that it is required to submit a
timely and complete application except in compliance with a Part 70 permit
issued under this rule. A source can
continue to operate without being in violation of this rule if it submits a
timely and complete application.
This source operated without submitting a timely and complete Part 70 permit
application, a violation of 326 IAC 2-7-3.
3.
Pursuant to 326 IAC 2-7-4,
a timely Part 70 application is one that is received within twelve (12) months
after the source becomes subject to the Part 70 permit program. For applicable sources in existence on
December 14, 1995, the deadline is December 13, 1996. For other sources, the deadline is twelve
(12) months from the date the source first meets an applicability criterion of
section 2 of this rule.
This source failed to submit a timely Part 70 application, a violation of 326
IAC 2-7-4.
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.
Please contact Mr. Michael Stonik at (317) 233-0033
within fifteen (15) days after receipt of this Notice to discuss resolution of
this matter.
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For the Commissioner: |
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Date:______________ |
Signed on September 20,
2005 |
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Matthew T. Klein |
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Assistant Commissioner
for |
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Compliance &
Enforcement |
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cc: |
Fulton
County Health Department |
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Jay
Rodia, Office of Legal Counsel |
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Michael
Stonik, Office of Enforcement |
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Duane
Van Laningham, Office of Air Quality |
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Rick
Reynolds, Northern Regional Office |
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Edward
A. Longenberger, MES |
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Enforcement
File |
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Public
File |
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Mr.
Rob Girton |
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Dragon/ESP
Midwest, Ltd. |
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