NOTICE OF VIOLATION

Via Certified Mail #:
To:	Urban J. Klem Jr., President and Registered Agent U.B. Klem Furniture Company, Inc. 3861 Schnellville Road St. Anthony, IN 47575

Case No. 2006-16023-A

Based on an investigation on July 21, 2006, the Indiana Department of Environmental Management (“IDEM”) has reason to believe that U.B. Klem Furniture Company, Inc. (“Respondent”) has violated environmental rules. The violations are based on the following:

1. Respondent owns and operates a stationary wood restaurant furniture manufacturing source with plant ID No. 037-00094 located at 3861 East Schnellville Road in St. Anthony, Indiana (the “Site”).

2. Pursuant to 326 IAC 2-8-3(h) and condition number B.17 of FESOP No. 037-14091-00094 for purposes of a FESOP renewal, a timely application is one that is submitted at least nine (9) months prior to the date of expiration of the source’s existing permit. The FESOP for this source expired on July 21, 2006, however a FESOP renewal application was not submitted until December 21, 2005. This application was submitted less than nine (9) months prior to the expiration of the source’s existing permit, a violation of 326 IAC 2-8-3(h) and condition No. B.17.

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 13-30-3-3, 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 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 October 17, 2006
	Matthew T. Klein Assistant Commissioner for Compliance & Enforcement

cc: Dubois County Health Department

Edward Judson, Office of Enforcement

Matthew Klein, Assistant Commissioner

Gene Kelso, Southwest Regional Office

Troy Stuart, U.B. Klem Furniture Company, Inc.

OAQ Public File

Enforcement File

http://www.IN.gov/idem