NOTICE OF VIOLATION
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Via Certified Mail #:7002 0510 0004 0398 7044 |
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To: |
Mr.
Robert L. Kelly, President and Registered Agent |
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Robert
L. Kelly, Incorporated |
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Case No. 2006-15358-A
Based on an investigation in December 2005, the Indiana Department of
Environmental Management (IDEM) has reason to believe the Robert L. Kelly,
Incorporated (Respondent) has violated environmental rule and permit. The violations are based on the following:
1.
Respondent owns and operates a stationary hot mix asphalt
batch plant with ID number 181-03172 located at 366 East U.S. Highway 24 in Reynolds,
White County, Indiana (the “Site”).
Pursuant to condition B.12 of FESOP No. 13818, this facility, a stationary hot
mix asphalt batch 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
2004 by July 1, 2005, 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.
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For
the Commissioner: |
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Date: |
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Signed on March 14, 2006 |
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Matthew T. Klein |
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Assistant Commissioner |
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for Compliance & Enforcement |
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cc: |
White
County Health Department |
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Office
of Legal Counsel |
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Brenda
A. Mathews, Office of Enforcement |
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Lisa
Hayhurst, Office of Air Quality |
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Office
of Air Quality Public File |
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Enforcement
File |
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http://www.in.gov/idem |
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