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VIA CERTIFIED MAIL #_____________        VIA CERTIFIED MAIL #_____________

VIA CERTIFIED MAIL #_____________        VIA CERTIFIED MAIL #_____________

NOTICE OF VIOLATION

To:     Designtec of Kentucky, Inc.            Mr. Herb Ligon
    c/o Mr. Christopher Fitzpatrick        c/o Mr. Christopher Fitzpatrick
     Woodward, Hobson & Fulton          Woodward, Hobson & Fulton
    2500 National City Tower            2500 National City Tower
    Louisville, Kentucky 40202-3175        Louisville, Kentucky 40202-3175

    Mr. Randy Thomas                Mr. Jack Gregory
    c/o Mr. Christopher Fitzpatrick         2027 College Avenue
     Woodward, Hobson & Fulton          Vincennes, Indiana 47591
     2500 National City Tower        
    Louisville, Kentucky 40202-3175     

Cause No. H-12625

    Designated representatives of the Indiana Department of Environmental Management (IDEM) conducted inspections of the Designtec of Kentucky, Inc. facility on November 22 and December 22, 1994, December 8, 1995, March 18, 1996, and February 7 and June 18, 1997. The U.S. EPA I.D. number of your facility is IN0 000003467.

    The inspection revealed violations of Indiana Code (IC) 13-30 and the Hazardous Waste Management Rules under 329 IAC 3.1. Article 3.1 of Title 329 incorporates the July 1, 1995, federal standards for the management of hazardous waste, which have been published in 40 CFR 260 through 40 CFR 270.

    The violations observed are as stated in Finding No. 5 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 for 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 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, Matthew T. Klein, at (317) 233-6335 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 Matthew T. Klein, Office of Enforcement, at the above address within the sixty (60) day settlement period.

                        FOR THE COMMISSIONER:

Date: _______________            __Signed on August 4, 1997 by______
                        David J. Hensel, Director
                        Office of Enforcement

Enclosure

cc:    Pike County Health Department (without enclosure)
    Ms. Lorraine Seyfried, Office of Legal Counsel (with enclosure)
    Ms. Nancy Johnston, Office of Enforcement (with enclosure)
    Mr. Roger T. Wilson, Office of Solid and Hazardous Waste Management (with enclosure)

Converted by Andrew Scriven