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VIA CERTIFIED MAIL# ____________________

NOTICE OF VIOLATION

To:    Mr. David Harmon, President
    Freda, Inc.
    401 Growth Parkway
    Angola, IN 46703

Cause No. H-13722

    A designated representative of the Indiana Department of Environmental Management (IDEM) conducted inspections on March 6 and 11, 1998, and November 4, 1998, of Freda, Inc., located at 401 Growth Parkway, Angola, Indiana. The U.S. EPA I.D. number of your facility is IND 984 868 380.

    The inspections revealed violations of the Indiana Code (IC) 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. 6 and 7 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.

    Entering into an Agreed Order will prevent the issuance of an Order of the Commissioner under IC 13-30-3-4 or the filing of a civil court action under IC 13-14-2-6.

IDEM encourages timely settlement by Agreed Order, thereby saving time and resources. Timely settlement by Agreed Order may result in a reduced civil penalty. Settlement discussions will also give you the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, you may enter into an Agreed Order without admitting that the violations occurred.

    Please contact the Enforcement Case Manager, Ms. Dianna Schlicher, at (317) 233-5534 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. Schlicher at the above address within the sixty (60) day settlement period.

                            For the Commissioner:

Date:    _______________                Signed on 2/25/99
                            Felicia Robinson George
                            Assistant Commissioner
                            Office of Enforcement

Enclosure

cc:    Steuben County Health Department (with enclosure)
    Mr. Aaron Schmoll, Office of Legal Counsel (with enclosure)
    Ms. Nancy L. Johnston, Office of Enforcement (with enclosure)
    Ms. Molly Shelton (with enclosure)
    www.state.in.us/idem

Converted by Andrew Scriven