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NOTICE OF VIOLATION

     Via Certified Mail#                Via Certified Mail#

To:    Rebecca Gross, Registered Agent        Lisa Dimond
    Eli Lilly and Company            Environmental Services
    Lilly Corporate Center            Eli Lilly and Company
    Indianapolis, IN 46285            Tippecanoe Laboratories
                            P. O. Box 685
                            Lafayette, IN 47902

    

Cause No. A-4373

    A designated representative of the Indiana Department of Environmental Management (IDEM) has reviewed the results from the stack test conducted June 24, 1998. This test was conducted at Boiler No. 3 at the Tippecanoe Laboratories, which is owned and operated by Eli Lilly and Company ("Respondent"), located at 1650 Lilly Road in Shadeland, Indiana. These test results indicate that average measured particulate emissions from Boiler No. 3 were 1.215 pounds per MMBtu, however the permitted limit for this facility is 0.56 pounds per MMBtu, as specified in Operation Permit ("OP") 79-04-90-0375. Therefore, Respondent was found to be in violation of OP 79-04-90-0375, condition No.4.

    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 Matthew Stuckey at 317/233-1134 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 11/23/98_____________
                            Felicia Robinson George
                            Assistant Commissioner of Enforcement

cc:    Jean Bauer, US EPA Region 5
    Tippecanoe County Health Department
    Aaron Schmoll, Office of Legal Counsel
    Matthew Stuckey, Office of Enforcement
    Quentin Flory, Office of Air Management
    Eric Courtright, Office of Air Management    
    Enforcement File
    OAM Public File

Converted by Andrew Scriven