NOTICE OF VIOLATION

 

 

Via Certified Mail #:

 

 

 

To:

Mr. David Nicholson, Registered Agent

Liberty Industries, L.C.

f/k/a Central Tower, Inc.

2855 HWY 261

Newburgh, IN 47630

 

 

Case No. 2005-14838-H

 

Based on an investigation on August 22, 2005, the Indiana Department of Environmental Management (“IDEM”) has reason to believe that Liberty Industries, L.C. f/k/a Central Tower, Inc. (“Respondent”) has violated a environmental rule.  The violation is based on the following:

 

1.       Respondent operates a company located at 5688 Prospect Drive in Newburgh, Warrick County, Indiana (the "Site").

 

2.       Pursuant to 327 IAC 15-6-7.5, a permittee regulated under this rule shall submit an annual report to the commissioner no later than three hundred sixty-five (365) days from the initial NOI submittal date or the expiration date of the previous five (5) year permit term.

 

As noted during the review, Respondent did not comply with 327 IAC 15-6-7.5.  Specifically, Respondent submitted an NOI letter on March 3, 2004, but has not submitted an annual report.  Respondent was issued a Violation Letter December 13, 2005.  Respondent failed to resolve the Violation Letter.

 

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.  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.

 

Please contact Deirdre Wyatt at 317/233-5640 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.

 

 

 

 

 

FOR THE COMMISSIONER:

Date:

 

 

Signed on October 5, 2006

 

 

 

Matthew T. Klein

 

 

 

Assistant Commissioner for

 

 

 

Compliance & Enforcement

 

 

cc:      Warrick County Health Department (w/enclosure)

Nancy Johnston, Office of Enforcement (w/enclosure)

Alison Beumer, Office of Water Quality (w/enclosure)

OLQ 1B2 File (w/enclosure)

http://www.in.gov/idem