NOTICE OF VIOLATION

 

Via Certified Mail #:

 

Via Certified Mail #:

 

 

 

 

 

 

 

 

To:

Stephen Rabinowitz, President

 

CT Corporation System, Registered Agent

 

General Cable Industries, Inc.

 

251 E. Ohio Street

 

4 Tesseneer Drive

 

Suite 1100

 

Highland Heights, KY 41076

 

Indianapolis, IN 46204

 

Case No. 2004-14369-A

 

Based on an investigation on November 18, 2004, the Indiana Department of Environmental Management (IDEM) has reason to believe the General Cable Industries, Inc. (Respondent) has violated environmental rules and permits.  The violations are based on the following:

 

1.                  Respondent owns and operates a cable manufacturing source with Plant ID number 053-00001 located at 440 East 8th Street in Marion, Grant County, Indiana (the “Site”).

2.                  Pursuant to condition B.11 of FESOP No. 5471, this facility, a cable manufacturing plant, must submit an annual compliance certification report which addresses the status of the source’s compliance with the terms and conditions of the FESOP as required by 326 IAC 2-8-5(a)(1), by July 1 of each year to cover the time period from January 1 to December 31 of the previous year.  This facility failed to submit the annual compliance certification for the year 2003 by July 1, 2004, a violation of this FESOP condition.

 

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.

 

Please contact Brenda Mathews at (317) 232-8408 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.

 

 

 

 

For the Commissioner:

Date:

 

 

Signed on April 5, 2005

 

 

 

Matthew T. Klein

 

 

 

Assistant Commissioner

 

 

 

for Compliance & Enforcement

 

cc:       Grant County Health Department
Office of Legal Counsel
Brenda Mathews, Office of Enforcement
Alexandra Yeung, Office of Air Quality
Office of Air Quality Public File
Enforcement File
http://www.in.gov/idem