NOTICE OF VIOLATION

 

 

Via Certified Mail #:

 

Via Certified Mail #:

 

7000 0600 0027 2042 5364

 

7000 0600 0027 2042 5357

 

 

 

 

To

D.R. Williamson, President

 

CT Corporation System, Registered Agent

 

Rogers Group, Inc

 

for Rogers Group, Inc

 

P.O. Box 25250

 

251 East Ohio Street, Suite 1100

 

Nashville, TN 37202

 

Indianapolis, IN 46204

 

Case No. 2004-14317-A    

 

Based on an investigation on September 01, 2004, the Indiana Department of Environmental Management (IDEM) has reason to believe that Rogers Group, Inc.(Respondent) has violated environmental rules and permits.  The violations are based on the following:

 

1)                 Respondent owns and or operates a portable drum hot mix asphalt plant, with ID number 093-05234 located at 1200 South Sixth Street, Vincennes, Knox County, Indiana (the “Site”).

 

A)                Pursuant to Condition D.1.9 of FESOP No. 093-17136-05234, the potential to emit particulate matter (PM) from the aggregate dryer/mixer shall not exceed 0.014 pound per ton of asphalt processed.

On June 22, 2004, a compliance testing conducted at the facility showed PM emissions from the asphalt plant to be in excess of the allowable limit.  The test indicated PM emissions to be 0.016 pounds per ton, a violation of condition D.1.9 of FESOP No. 083-17136-05234.

 

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 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.

 

To discuss this matter further, please contact Brenda Mathews at (317) 232-8408 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 August 3, 2005

 

Matthew T. Klein

 

Assistant Commissioner for

 

Compliance & Enforcement

 

 

 

 

cc:

Knox County Health Department

 

Office of Legal Counsel

 

Brenda A. Mathews, Office of Enforcement

 

Office of Air Quality Public File

 

Enforcement File

 

http://www.in.gov/idem