NOTICE OF VIOLATION
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Via Certified Mail #: |
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Via Certified Mail #: |
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To: |
Kevin
J. Kelly, President |
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Kevin
J. Kelly, Registered Agent |
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Walsh
& Kelly, Inc. |
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Walsh
& Kelly, Inc. |
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Granger,
IN 46530 |
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Case No. 2005-14435-A
Based on an investigation on
1.
Respondent owns and operates a portable source, hot
asphalt drum mixing plant with ID number 127-03214 located at 965 Sun Drive,
Port of Indiana in Portage, Porter County, Indiana (the “Site”).
A.
Pursuant to condition B.12 of FESOP No.15206, this
facility, an asphalt mixing 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
April 15 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
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.
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For
the Commissioner: |
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Date: |
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Signed on April 5, 2005 |
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Matthew
T. Klein |
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Assistant
Commissioner |
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for
Compliance & Enforcement |
cc: Porter County Health Department
Office of Legal Counsel
Brenda Mathews, Office of Enforcement
Letty, Zepeda, Office of Air Quality, Northwest
Regional Office
Office of Air Quality Public File
Enforcement File
http://www.in.gov/idem