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VIA CERTIFIED MAIL # __________________

NOTICE OF VIOLATION


To:    Mr. Robert Feddeler, Owner
    R & M Enterprises, Inc.
    18501 Clark Road
    Lowell, Indiana 46356

Cause No. SW-387

    Designated representatives of the Indiana Department of Environmental Management (IDEM) met with representatives of R&M Enterprises, Inc. on May 14, 1998, and July 29, 1998, to discuss overfill issues at the Feddeler Construction/Demolition site, Solid Waste Facility Permit FP #45-08, owned and operated by R&M Enterprises, Inc. located at SR 2, ½ mile East of US 41, Lowell, Lake County, Indiana ("the Site").

    During the above noted meetings R&M Enterprises, Inc. disclosed the following violations:

    IC 13-30-2-1(7) which states that a person may not: "Construct, install, operate, conduct, or modify, without prior approval of the department, any equipment or facility of any type that may: (A) cause or contribute to pollution; or (B) be designed to prevent pollution. However, the commissioner or the appropriate board may approve experimental uses of any equipment, facility, or pollution control device that is considered necessary for the further development of the state of the art of pollution control." This violation is based on the fact that during the May 14, 1998, meeting, R&M Enterprises, Inc. disclosed that the Site has been filled above and beyond the permitted solid waste boundaries.

    329 IAC 10-13-6(d) which states: "To request a change in the facility plans or operation,

the permittee must request that the commissioner modify the permit before any permitted changes are made in the approved plans. The application must provide the rationale for such modification to the commissioner for review. If the commissioner determines that the requested modification is consistent with the standards established in this article, the commissioner shall grant the modification. Only the conditions subject to modifications are reopened. The commissioner shall give notice to the permittee of the determination on the modification in accordance with IC 13-7-10-5 and IC 4-21.5-3-7 ." (IC 13-7-10-5 has been recodified at IC 13-15-7). This violation is based on the fact that during the May 14, 1998, meeting, R&M Enterprises, Inc. disclosed that the Site has been filled above and beyond the permitted solid waste boundaries without obtaining a permit modification from IDEM.

    329 IAC 10-13-4(c) which states: "The permittee shall construct and operate a solid waste land disposal facility in accordance with the permit. The owner, operator, and permittee are equally responsible for complying with the conditions of the permit, the regulations, and the statutes." This violation is based on the fact that during the May 14, 1998, meeting, R&M Enterprises, Inc. disclosed that the Site has been filled above and beyond the permitted solid waste boundaries.

    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 of 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 violation occurred.
    

    To discuss this matter further, please contact Brett E. DeBusk, Case Manager at 317/232- 8410 within fifteen (15) days after receipt of this Notice to request a conference. If settlement is reached, an Agreed Order will be prepared and sent to you for review and signature.

    
                            FOR THE COMMISSIONER:

Date:_______________                Signed on December 23, 1998
                            Felicia Robinson George
                            Assistant Commissioner
                            Office of Enforcement

cc:    Lake County Health Department
    Lake County Solid Waste Management District
    File 2B2
    http://www.ai.org/idem/

Converted by Andrew Scriven