VIA CERTIFIED MAIL# ____________________
VIA CERTIFIED MAIL# ____________________

NOTICE OF VIOLATION

To:    Tom H. Clarke, President                CT Corporation,
    Globe Building Materials                Registered Agent
    2230 Indianapolis Blvd.,                One North Capital,
    Whiting, IN 46390                    Indianapolis, IN 46204
    
    
    
    

Cause No. A-4303

    Designated representative(s) of the Indiana Department of Environmental Management (IDEM) conducted an inspection at your asphalt roofing materials fabrication plant located at 2207 Schrage Avenue in Whiting, Indiana ("the Site").

    IDEM conducted an inspection on May 21, 1998. Your company was found in violation of 326 IAC 5-1-2(2)(B) which requires that "Visible emissions from a facility located in Lake County shall not exceed a average of twenty percent (20%) opacity in twenty-four (24) consecutive readings...." This violation is based on the fact that during the inspection it was observed that the visible emissions from the electrostatic precipitator stack were as follows:

        9:38 - 9:44        34.1%        14.1% exceedance
        9:45 - 9:51        30.2%        10.2% exceedance
        9:52 - 9:58        25.6%        5.6% exceedance,

a total of 18 minutes. The highest six minute average opacity was 34.1%.

    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.

    Entering into an Agreed Order will prevent the issuance of an 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 timely 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 give you the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, you may enter into an Agreed Order without admitting that the violation occurred.

    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 November 18, 1998
Date:    _______________                _________________________
                            Felicia Robinson George
                            Assistant Commissioner
                            of Enforcement

cc:    Jean Bauer, US EPA Region 5
    Lake County Health Department
    OAM Public File
     http://www.ai.org/idem/
    

Converted by Andrew Scriven