VIA CERTIFIED MAIL #

To:    Mr. Harold Peter             Mr. William A. Thorne
    President                Registered Agent for:
    Elpaco Coatings Corporation        Elpaco Coatings Corporation
    28867 U.S. 33 West      22 W. High Street
    Elkhart, Indiana 46515        Elkhart, Indiana 46516        
                

    Designated representatives of the Indiana Department of Environmental Management (IDEM) conducted an inspection of Elpaco Coatings Corporation, located at 28867 U.S. 33 West in Elkhart, on February 1, 1999.

    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 many of the federal hazardous waste management standards found in 40 CFR 260 through 40 CFR 273.

     The violations observed are as stated in Finding No. 6 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.
    

    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 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. 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:                          
                                Felicia Robinson George                                      Assistant Commissioner
                                Office of Enforcement

cc:    Elkhart County Health Department (with enclosure)
    Office of Legal Counsel (with enclosure)
    Nancy L. Johnston (with enclosure)
    Molly Shelton (with enclosure)    
    Terry Coleman (with enclosure)
    1B2 Public File (with enclosure)
    
            

Converted by Andrew Scriven