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NOTICE OF VIOLATION

    
Via Certified Mail# ___________________    

To:    David B. Fink, President and Registered Agent
    Auburn Foundry, Inc.
    635 West 11th Street
    Auburn, IN 46706
    

Cause No. A-4554

    Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on April 29, 1999, Auburn Foundry, Inc., located at 645 West 11th Street in Auburn, Indiana, was in violation of the following environmental statute(s), rule(s), and/or permit(s):

    Pursuant to 326 IAC 6-4-2(4), no source shall allow fugitive dust to visibly cross the boundary or property line of a source. This source allowed fugitive emissions from its foundry sand storage area to cross property lines at ground level, a violation of 326 IAC 6-4-2(4).

    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 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 for review and signature.

                            For the Commissioner:

Date:    _______________                _Signed on 11/16/99_____
                            Felicia A. Robinson
                            Assistant Commissioner
                            Office of Enforcement

cc:    Dekalb County Health Department
    Amy McDonnell, Office of Legal Counsel
    Matthew Stuckey, Office of Enforcement
    Doyle Houser, Office of Air Management
    Enforcement File
    OAM Public File
    http://www.ai.org/idem/
    
    
    

Converted by Andrew Scriven