NOTICE OF VIOLATION

Via Certified Mail# _______________        Via Certified Mail# _______________

To:    Brian Fellers, Owner                Tom Van Hoy, d/b/a
    128 Church Street                Van Hoy & Sons Contracting
    Loogootee, Indiana 47553            P.O. Box 101
                            Loogootee, Indiana 47553
    
    
Case No. 2000-9034-A
                         2000-9036-A

    Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on January 12, 2000, Brian Fellers and Tom Van Hoy, d/b/a Van Hoy & Sons Contracting, Loogootee, Indiana, were in violation of the following environmental statute(s), rule(s), and/or permit(s):

         A.    Pursuant to 326 IAC 14-10-1, the owner or operator of a renovation activity is required to have an Indiana licensed inspector thoroughly inspect the facility for the presence of asbestos prior to engaging in any activity that could disturb the asbestos. The IDEM inspector noted that the facility was not inspected by an Indiana licensed inspector prior to engaging in an activity that could disturb asbestos, a violation of 326 IAC 14-10-1.

    B.    Pursuant to 326 IAC 14-10-3(2), each owner or operator of a demolition or renovation activity is required to provide written notification to IDEM at least ten (10) working days before any activity begins that could disturb asbestos. The IDEM inspector noted that the owner or operator failed to provide IDEM with a timely notification, a violation of 326 IAC 14-10-3(2).

    C.    Pursuant to 326 IAC 14-10-4(1), each owner or operator of a demolition or renovation activity is required to remove all regulated asbestos containing materials from a facility being demolished or renovated before any activity begins
        that could disturb the material. The IDEM inspector observed that the owner/operator failed to remove asbestos containing material in the facility before demolition or renovation activity began, a violation of 326 IAC 14-10-4(1).

    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.

    To discuss this matter further, please contact Chad Pigg at (317) 233-1135 within fifteen (15) days after receipt of this Notice to request a conference. If settlement is reached, an Agreed Order will be prepared and sent for review and signature.

                            For the Commissioner:

Date:    _______________                _________________________
                            Felicia A. Robinson
                            Assistant Commissioner
                            Office of Enforcement

Signed 7-24-00

Converted by Andrew Scriven