Notice of Violation

NOTICE OF VIOLATION

	Via Certified Mail #:	Via Certified Mail #:

To	Hideo Takada	CT Corporation System, Registered Agent
	Freudenberg NOK General Partnership	Freudenberg NOK
	dba Vibration Control Technologies, LLC	251 E. Ohio Street, Suite 1100
	303 Peachtree St. NE #2000	Indianapolis, IN 46204
	Atlanta, GA 30308

Case No. 2005-14658-W

Based on an investigation on March 28, 2005, the Indiana Department of Environmental Management (“IDEM”) has reason to believe that Freudenberg NOK, dba Vibration Control Technologies, LLC (“Respondent”) has violated an environmental rule. The violation is based on the following:

1. The Respondent owns and operates a manufacturing facility for torsional vibration dampeners for auto engines located at 1496 Gerber St. in Ligonier, Noble County, Indiana (“Site”). The Respondent is the owner of a phosphorus wastewater pretreatment system constructed in 2005.

2. Pursuant to 327 IAC 3-2-1, no person shall cause or allow the construction, installation, or modification of any water pollution treatment/control facility or sanitary sewer, without a valid construction permit issued by the commissioner.

3. Pursuant to 327 IAC 3-2-2(d), construction shall not commence until all necessary state approvals and permits are obtained.

4. The Respondent commenced construction of the above referenced phosphorus wastewater pretreatment system prior to obtaining a construction permit from IDEM, in violation of 327 IAC 3-2-1 and 327 IAC 3-2-2(d).

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 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 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 Paul Cluxton at 317/232-8432 within 15 days after receipt of this Notice to discuss resolution of this matter.

For the Commissioner:

Date:______________

(signed August 24, 2005)

Matthew T. Klein

Assistant Commissioner for

Compliance & Enforcement

Enclosure

cc:

Mr. Gary Tuttle, Facilities Manager

Mr. Nick Nogalski, PE, Regional Coordinator Corporate HSE

Noble County Health Department (w/o enclosure)

http://www.state.in.us/idem (w/o enclosure)

	For the Commissioner:


Date:______________	(signed August 24, 2005)
	Matthew T. Klein
	Assistant Commissioner for
	Compliance & Enforcement

cc:	Mr. Gary Tuttle, Facilities Manager
	Mr. Nick Nogalski, PE, Regional Coordinator Corporate HSE
	Noble County Health Department (w/o enclosure)
	http://www.state.in.us/idem (w/o enclosure)