VIA CERTIFIED MAIL# ____________________
VIA CERTIFIED MAIL# ____________________
NOTICE OF VIOLATION
To: Richard D. Kline, President CT Corporation System,
Lehigh Portland Cement Company Registered Agent
7660 Imperial Way 1 North Capital Ave.,
Allentown, PA 18195 Indianapolis, IN 46204
Cause No. A-4293
Designated representative(s) of the Indiana Department of Environmental Management
(IDEM) conducted a record review of the fugitive dust test conducted at your portland cement
manufacturing facility, located in Mitchell, Indiana ("the Site").
IDEM conducted a fugitive dust test on April 28, 1998. You were found in violation of
construction permit number CP-093-4598-00002, issued on February 27, 1998, and rule 326 IAC
6-4-2(3). Operation condition number C.12 on page 9 of the permit requires that: "Pursuant to
326 IAC 6-4 (Fugitive Dust Emissions), the Permittee shall be in violation of 326 IAC 6-4
(Fugitive Dust Emissions) if any of the criteria specified in 326 IAC 6-4-2(1) through (4) are
violated." Rule 326 6-4-2 requires that: "A source or sources generating fugitive dust shall be in
violation of this rule(326 IAC 6-4) if any of the following criteria is violated: (1) A source or
combination of sources which cause to exist fugitive dust concentrations greater than sixty seven
percent (67%) in excess of ambient upwind concentrations.... (2) The fugitive dust is comprised
of fifty percent (50%) or more respirable dust.... (3) The ground level ambient air concentrations
exceed fifty (50) micrograms per cubic meter above background concentrations for a sixty (60)
minute period.... (4) If fugitive dust is visible crossing the boundary or property line of a
source....".
This violation is based on the fact that during the test report review it was observed that
the upwind background particulate concentration was 51.93 microgram per cubic meter (µg/m3);
the target location particulate concentration was 845.49 µg/m3. It translates into the excess of
793.56 µg/m3 over the background concentration, which is above the 50 µg/m3 of allowed excess
concentration, a violation of 326 IAC 6-4-2(3) and operation condition number C.12 of
construction permit number CP-093-4598-00002.
In accordance with IC 13-30-3-3, the Commissioner is required to notify you in writing
that the Commissioner believes a violation exists and offer you 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.
If settlement is not reached within sixty (60) days of your receipt of this Notice, the
Commissioner may issue an Order pursuant to IC 13-30-3-4, containing the actions you must
take 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 of any
violation.
The timely entry into an Agreed Order will prevent the necessity of an Order of the
Commissioner being issued under IC 13-30-3-4, or the filing of a civil court action under IC 13-
14-10 or IC 13-14-2-6. Advantages of entering into an Agreed Order are:
1. You may not be required to admit that any violation occurred.
2. The civil penalty may be less than that imposed under an Order of the
Commissioner.
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 to you for review and signature.
For the Commissioner:
Signed on October 16, 1998
Date: _______________ _________________________
Felicia Robinson George
Assistant Commissioner
of Enforcement
cc: Jean Bauer, US EPA Region 5
Lawrence County Health Department
OAM Public File
http://www.ai.org/idem/
Gena Williams, Environmental Manager @ 121 North 1st Street, Mitchell, IN 47446-0097
Converted by Andrew Scriven