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VIA CERTIFIED MAIL ______________ VIA CERTIFIED MAIL _______________

VIA CERTIFIED MAIL ______________     VIA CERTIFIED MAIL _______________     
VIA CERTIFIED MAIL ______________

NOTICE OF VIOLATION

TO:    Gary W. Walters                Charles Colbert
    4708 East Minnesota                Acquisition Investment Corporation
    Indianapolis, Indiana 46203            26291 Yolanda St.
                            Logoona Hills, California 92656

    Kevin Copeland, Vice-President        Jeff Claybaugh, Resident Agent for
    American Plastics, Inc.            Ego of Indiana, Inc.
    P.O. Box 13541                230 Jackson St.
    Akron, Ohio 44334                Anderson, Indiana 46016

    Beryl Updegraff
    2002 N. Broadway
    Anderson, Indiana 46012

Cause No. H-12166

    Designated representatives of the Indiana Department of Environmental Management (IDEM) conducted inspections of Majjec, a facility located at 230 Jackson Street, Anderson, Indiana, on October 21, 1994, December 12, 1995, June 20 and 26, 1996, and June 5, 1997. The facility has been assigned the U.S. EPA I.D. # IND 045231651.

    The inspections revealed violations of the Indiana Code (IC) and the Hazardous Waste Management Rules under 329 IAC 3.1. This article incorporates July 1, 1992 federal standards for the management of hazardous waste, which have been published in 40 CFR Part 260 through 40 CFR Part 270.

    The violations observed are as stated in Findings No. 5, 9, & 15 of the enclosed proposed Agreed Order.


    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- 14-10-2 or IC 13-14-2-6. The 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.

    Please contact the Enforcement Case Manager, Ms. Brenda Lepter, at 317/233-5971, within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter. If you are willing to resolve this matter as provided for in the enclosed Agreed Order, please sign and return it to Ms. Lepter, Office of Enforcement, at the above address within the 60-day settlement period.

                        For the Commissioner:                         
                        Signed on 8/19/97
Date: _______________            _____________________
                        David J. Hensel                                         Director
                        Office of Enforcement
                        

Enclosure

cc:    Madison County Health Department (w/out enclosure)
    Ms. Loraine Seyfried, Office of Legal Counsel (w/enclosure)
    Ms. Nancy Johnston, Office of Enforcement (w/enclosure)
    Ms. Lisa Frost, Office of Solid and Hazardous Waste Management (w/enclosure)
    File 1B2 (w/out enclosure)
    Ms. Catherine Gibbs, Office of Legal Counsel (w/enclosure)
    Mr. Ken McDaniel, Office of Emergency Response (w/enclosure)


Converted by Andrew Scriven