VIA CERTIFIED MAIL #

To:    Mr. Arthur M. Hawkins, President     C.T. Corporation System
    Exide Corporation             Resident Agent for Exide Corporation
    1530 Surria Court          One North Capitol Avenue
    Bloomfield Hills, MI 48013            Indianapolis, Indiana 46204    
                

    Designated representatives of the Indiana Department of Environmental Management (IDEM) conducted inspections of Exide Corporation, located in Muncie, Indiana. IDEM conducted these inspections on May 16 and July 23, 1997.

    The inspections 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 many of the federal standards for the management of hazardous waste found in 40 CFR 260 through 40 CFR 273. The violations observed are as stated in Finding No. 5 of the 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 Ms. Aubrey N. Sherif at 317/233-5970 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 the Office of Enforcement at the above address within the sixty (60) day settlement period.

                                For the Commissioner:

Date: Signed 7/7/1998     
                                    David J. Hensel
                                    Director
                                    Office of Enforcement

cc:    Delaware County Health Department (without enclosure)
    Office of Legal Counsel (with enclosure)
    Ms. Nancy L. Johnston (with enclosure)
    Ms. Theresa Pichtel (with enclosure)    
    1B2 Public File (with enclosure)
    http://www.ai.org/idem
            

Converted by Andrew Scriven