NOTICE OF VIOLATION
Via Certified Mail# _______________ Via Certified Mail#_______________
To: Sylvia Pacholder, President CT Corporation System
Wedco, Inc. Registered Agent for Wedco, Inc.
11490 Westheimer, Suite 1000 36 South Pennsylvania Street, Suite 700
Houston, TX 77077 Indianapolis, IN 46204
Via Certified Mail# _______________ Via Certified Mail#_______________
To: Mr. Michael Goich, President CT Corporation System, Registered Agent
Coburn Steel Products, Inc. For Coburn Steel Products, Inc.
1819 183rd Street 208 South Lasalle Street
Lansing, IL 60438 Chicago, IL 60604-1136
Case Nos. 2000-9818-A and 2000-9819-A
Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on September 19, 2000, Wedco, Inc. ("Respondent 1") which operates a plastic pellets used in rotational molding pulverizing facility, located at 1207 East 143rd Street in East Chicago, Indiana, Lake County; and Coburn Steel Products, Inc., formerly known as LBS Liquidating Company d.b.a LB Steel Plate Company ("Respondent 2") which operates a cold roll steel finishing facility, located at 4404 Euclid Avenue in East Chicago, Indiana, Lake County, were in violation of the following environmental statute(s), rule(s), and/or permit(s):
Pursuant to 326 IAC 6-4-2(4), no source shall allow fugitive dust to visibly cross the boundary or property line of a source. On September 19, 2000, Respondent 1 and Respondent 2 allowed fugitive emissions generated by trucks traffic at the parking lot that they share to cross property lines at ground level, a violation of 326 IAC 6-4-2(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.
To discuss this matter further, please contact Mr. Michael Stonik at (317) 233-0033 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:
Signed on February 5, 2001
Date: _______________ _________________________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
cc: Lake County Health Department
Jay Rodia, Office of Legal Counsel
Michael Stonik, Office of Enforcement
Richard Massoels, Northwest Office
Enforcement File
OAM Public File
http://www.ai.org/idem/