VIA CERTIFIED MAIL#         VIA CERTIFIED MAIL#

To:    William G. Grimes, President        David Grimes, Resident Agent
    Gartland Foundry Company            Gartland Foundry Company
    330 Grant Street                330 Grant Street
    Terre Haute, Indiana 47802-9009        Terre Haute, Indiana 47802-9009

    Designated representatives of the Indiana Department of Environmental Management (IDEM) conducted an inspection of Gartland Foundry Company ("Gartland") on October 14 and November 14, 1997. The U.S. EPA I.D. number of your facility is IND 006 033 302.

    The inspection revealed violations of Indiana Code (IC) 13-30, and the Hazardous Waste Management Rules under 329 IAC 3.1, the Used Oil Management Standards under 329 IAC 13, and the Solid Waste Management Rules under 329 IAC 10. Article 3.1 of Title 329 incorporates the July 1, 1996, 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 Nos. 11 and 12 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 Managers, Matthew T. Klein and Janet Arnold, at (317) 233-6335 and (317) 232-7201, respectively, 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 either Matthew T. Klein or Janet Arnold, Office of Enforcement, at the above address within the sixty (60) day settlement period.

                        FOR THE COMMISSIONER:

Date: _______________            __[Signed on July 13, 1998]_________
                        David J. Hensel, Director
                        Office of Enforcement

Enclosure

cc:    Vigo County Health Department
    Vigo County G2A File
    Clay/Owen/Vigo Solid Waste Management District
    Ms. Loraine Seyfried, Office of Legal Counsel
    Ms. Nancy Johnston, Office of Enforcement
    Mr. Robert Malone, Office of Solid and Hazardous Waste Management
    Mr. Rick Roudebush, Office of Solid and Hazardous Waste Management
    Mr. Jerry Presnell, Department of Natural Resources

Converted by Andrew Scriven