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VIA CERTIFIED MAIL # VIA CERTIFIED MAIL #

NOTICE OF VIOLATION

To:    David G. Daly, President            A.J. Hackl, Resident Agent for
    Herff Jones, Inc.                Herff Jones, Inc.     
    13630 Smokey Hollow Place            4501 West 62nd Street    
    Carmel, IN 46032                Indianapolis, IN 46268

                    Cause No. H-13051

    Designated representatives of the Indiana Department of Environmental Management (IDEM) conducted inspections of Herff Jones, Inc., Jewelry Division, located at 4719 West 62nd Street, Indianapolis, Indiana, on October 17 and November 15, 1996. The U.S. EPA I.D. number of your facility is IN0 000079327.

    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, 1995 federal standards for the management of hazardous waste, which have been published in 40 CFR 260 through 40 CFR 273.

    The violations observed are as stated in Finding No. 6 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, Ms. Nancy Johnston, at 317-233-3831 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. Johnston, at the above address within the sixty (60) day settlement period.

                                FOR THE COMMISSIONER:

Date: Signed 4/21/97                                 Patrick Carroll
                                Director
                                Office of Enforcement

Enclosure

cc:    Marion County Health Department (without enclosure)
    Mr. Scott Storms, Office of Legal Counsel (with enclosure)
    Ms. Pamela J. O'Rourke, Office of Enforcement (with enclosure)
    Ms. Christina Halloran (with enclosure)
    

Converted by Andrew Scriven