NOTICE OF VIOLATION

Via Certified Mail #:		Via Certified Mail #:
___________________		___________________
To:	Alan R. Lewis, President	Richard A. Lewis, Registered Agent
	Createc Corporation	Createc Corporation
	5620 N. Pennsylvania	8888 Keystone Crossing, Suite 1600
	Indianapolis, IN 46220	Indianapolis, IN 46240

Case No. 2006-15356-A

Based on an ongoing investigation, the Indiana Department of Environmental Management (IDEM) has reason to believe that Createc Corporation (Respondent) which owns and operates a plant located 1619 North Meridian Street in Portland, Jay County, Indiana, (the “Site”) has violated environmental rules. The violations are based on the following:

1. Pursuant to 326 IAC 2-8-19, a source transitioning from a federally enforceable state operating permit (FESOP) shall operate under the terms of its FESOP until the final Part 70 permit is issued by the department. A records review indicates that Respondent applied for a transition to a Part 70 permit from its FESOP on December 24, 2003. The Part 70 permit was issued on June 13, 2004. Manufacturing line volatile organic compound (VOC) emissions exceeded the limit specified in FESOP No. F075-14966-00024 permit condition D.2.1 during the first and second quarter of 2004, violations of 326 IAC 2-18-9.

In accordance with IC 13-30-3-3, the Commissioner herein provides notice that violations may exist and offers an opportunity to enter into an Agreed Order providing for the action required to correct the violations 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 13-30-3-4, 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 Edward Judson at (317) 234-4538 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.

		For the Commissioner:
Date:	__________	Signed 3-24-06
		Matthew T. Klein
		Assistant Commissioner
		of Compliance and Enforcement
cc:	Jay County Health Department
	Office of Legal Counsel
	Dennis Raesner, Quality and Safety Manger, Createc Corporation
	Edward Judson, Office of Enforcement
	Matthew Klein, Assistant Commissioner
	Ryan Hillman, Office of Air Quality
	OAQ Public File
	Enforcement File
	http://www.IN.gov/idem