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NOTICE OF VIOLATION

    Via Certified Mail#
To:    Dennis Borda, Vice President                
    Hamilton Foundry & Machine Company
    Decatur Casting Division
    822 Dayton Avenue
    Decatur, IN 46733

Cause Nos. A- 4294 & A-4326

    Designated representative(s) of the Indiana Department of Environmental Management (IDEM) conducted an inspection and records review at Hamilton Foundry & Machine Company's gray iron foundry located at 822 Dayton Avenue in Decatur, Indiana ("the Site").

    IDEM conducted a records review on June 3, 1998. Decatur Casting Division was found in violation of operation conditions Nos. 3 & 9 of Operation Permit CP 001-5004. Condition No. 3 required source testing for the following equipment: Laempe core machine, Dideon #2 conveyor, sand system, Hunter pour/cool, and Osborn pour/cool. Condition No. 9 requires the daily monitoring and recording of the pH, pressure drop, and flow rate of the scrubbers for the Laempe core machines. At the date of the inspection, Decatur Casting Division failed to meet these requirements.

    On July 2, 1998, an IDEM inspector conducted an inspection at Decatur Casting Division. During the visit, the inspector observed four occurrences in which the six minute average of visible emissions from the electrostatic precipitator (ESP) stack exceeded forty percent (40%) opacity, violations of 326 IAC 5-1.

    On August 11, 1998, an IDEM inspector visited Decatur Casting Division and observed five occurrences in which the six minute average of visible emissions from the ESP stack exceeded forty percent (40%) opacity. These opacity readings violate 326 IAC 5-1.

    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 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 to you for review and signature.

                            For the Commissioner:

                                                
Date:    _______________                Signed on October 15, 1998
                            Felicia George
                            Assistant Commissioner
                            Office of Enforcement

cc:    Jean Bauer, US EPA Region 5
    Richard Sekula, OAM
    OAM Public File                                    
    Aaron Schmoll, Office of Legal Counsel
    Enf. File
     http://www.ai.org/idem/

Converted by Andrew Scriven