NOTICE OF VIOLATION

Via Certified Mail# _______________ Via Certified Mail#_______________

To: Greg Pardieck Ralph Pardieck, Registered Agent for

Onyx Paving Company Inc. Onyx Paving Company Inc.

101 North Poplar Street 825 South O' Brien St.

Seymour, IN 47272 Seymour, IN 47274

Case No. 2000-9850-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on September 15, 2000, Onyx Paving Company Inc., located on New Ford Road in Seymour, Indiana was in violation of the following environmental statute(s), rule(s), and/or permit(s):

A. Federally Enforceable State Operating Permit (FESOP) No. F 071-9643-03180 issued on May 18, 1999, required Onyx Paving Company Inc. to conduct a stack test for PM and PM10 emissions by May 18, 2000. During the September 15, 2000, inspection it was discovered that Onyx Paving Company Inc. failed to conduct the stack test by the deadline, thereby violating FESOP No. F 071-9643-03180.

• FESOP No. F 071-9643-03180 requires Onyx Paving Company Inc. to maintain records of visible emissions evaluations at the hot batch mixer stack exhaust and maintain a preventive maintenance plan. During the September 15, 2000, inspection it was discovered that Onyx Paving Company Inc. failed to maintain records of the visible emissions evaluations nor develop a written preventive maintenance plan, thereby violating FESOP No. F 071-9643-03180.

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 J. Brian Eaton at (317) 233-6338 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 July 16, 2001

Date: _______________ _________________________

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement

cc: Jean Bauer, US EPA Region 5

Jackson County Health Department

Joe Foyst, Office of Air Quality

Enforcement File

OAQ Public File

http://www.ai.org/idem/