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NOTICE OF VIOLATION

    
Via Certified Mail# _______________

To:    William Geier, d.b.a.
    Geier Excavating
    4455 N. State Road 39
    Monticello, Indiana 47960-7208
                    
        

Cause No. A-4636 or 1999-3639-A

    Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on July 21 and July 22, 1999, William Geier, d.b.a. Geier Excavating, 4455 N. State Road 39, Monticello, Indiana, was in violation of the following environmental statute(s), rule(s), and/or permit(s):

     Pursuant to 326 IAC 4-1-2, open burning is prohibited unless exempted by rule or an approval is obtained. On July 21 and July 22, 1999, a designated representative from the
    White County Department of Health observed the open burning of felled trees on West Shaffer Drive, Monticello, Indiana, a violation of 326 IAC 4-1-2.

    In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged violator in writing that a violation may exist and offer an opportunity to enter into an Agreed Order providing for the actions 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.
                                
    Entering into an Agreed Order will prevent the issuance of a Notice and Order of the Commissioner under IC 13-30-3-4, or the filing of a civil court action under IC 13-14-2-6. IDEM encourages settlement by Agreed Order, thereby saving time and resources. Timely settlement by Agreed Order may result in a reduced civil penalty. Settlement discussions will also allow the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violation occurred.

    If settlement is not reached within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken to achieve compliance, the required time frames, and 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 Eric Larsen at (317) 233-1133 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter. If you are willing to resolve this matter as provided for in the enclosed Agreed Order, please sign and return it to the Office of Enforcement at the above address within the sixty (60) day settlement period.

                            For the Commissioner:

Date:    _______________                Signed on 01/11/2000
                            Felicia A. Robinson
                            Assistant Commissioner
                            Office of Enforcement

cc:    Alan Shookman, White County Department of Health
    Office of Legal Counsel
    Eric B. Larsen, Office of Enforcement
    Eric P. Courtright, Office of Air Management
    Enforcement File
    OAM Public File
    http://www.ai.org/idem/
    
    
    

Converted by Andrew Scriven