NOTICE OF VIOLATION
Via Certified Mail# _________________
Via Certified Mail# _________________
Mr. Thomas Hart, President CT Corporation System
The Crown Group Registered Agent
2111 Walter Reuther Drive 36 South Pennsylvania Street, Suite 700
Warren, Michigan 48091 Indianapolis, Indiana 46204
Case No. 2000-9780-A
Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on September 14, 2000, The Crown Group, Fort Wayne Plant, 4301 Engle Road, Fort Wayne, Allen County, Indiana, was in violation of the following environmental statute(s), rule(s), and/or permit(s):
A. Pursuant to 326 IAC 2-7-3, any Part 70 source which has failed to submit a timely and complete Part 70 permit application may not operate after the time that it is required to submit the Part 70 permit application. This source continued to operate following the December 13, 1996 Part 70 permit submission deadline and prior to applying for and receiving a Part 70 permit, a violation of 326 IAC 2-7-3.
B. Pursuant to 326 IAC 2-7-4, the owner of each Part 70 source shall submit a timely and complete permit application. This source=s Part 70 permit application was received after the December 13, 1996 submission deadline, a violation of 326 IAC 2-7-4.
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 Linda L. McClure, case manager, at 317/232-8408 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: _______________ _________________________
Felicia A. Robinson
Assistant Commissioner of Enforcement
cc: Jean Bauer, US EPA Region 5
Jay Rodia, Office of Legal Counsel
Linda L. McClure, Office of Enforcement
Jennifer Dorn, Office of Air Management
Enforcement File
OAM Public File
http://www.ai.org/idem