VIA CERTIFIED MAIL# ____________________
VIA CERTIFIED MAIL# ____________________

NOTICE OF VIOLATION

To:    Nadine Bognar, President            Eugene Cox, Registered Agent
    Carb-Rite Company                23810 Highland Street
    31 Moffett Street                P. O. Box 175
    Pittsburgh, PA 15243                Schneider, IN 46376
    

Cause No. A-4356

    Designated representative(s) of the Indiana Department of Environmental Management (IDEM) conducted a records review in August, 1998 for your metallurgical and petroleum coke processing plant located at 23810 Highland Street in Schneider, Indiana . Your company was found in violation of 326 IAC 2-7-3, 326 IAC 2-7-4, 326 IAC 2-1-3, and 326 IAC 2-1-4.

    326 IAC 2-7-3 requires that "no Part 70 source may operate after the time that it is required to submit a timely and complete permit application." 326 IAC 2-7-4(a) requires that "the owner or operator of each Part 70 source has a duty to submit a timely and complete permit application." 326 IAC 2-1-3(a) requires that "no person ... shall commence construction or modification of any source or facility without first applying for and obtaining a construction permit from the commissioner." 326 IAC 2-1-4(a) requires that "no person shall operate any source or facility ... without first applying for and obtaining a permit to operate the source or facility from the commissioner."

    These violations are based on the fact that during the records review it was observed that:

          On May 12, 1997, your company submitted its Part 70 permit application. The submission should have been made prior to December 13, 1996, a violation of 326 IAC 2-7-4(a);

          Your company continued to operate the plant after December 13, 1996, without first applying for a Part 70 permit, a violation of 326 IAC 2-7-3;

          Your company constructed and began operating the following facilities without

first applying for and obtaining appropriate construction and operating permits, violations of 326 IAC 2-1-3 and 326 IAC 2-1-4: Scalping Screen Line (ID#2); Bulk Truck Unloading in raw materials storage building (ID#4); Crushing Line (ID#7); Bulk Truck Unloading in screening building (ID#9); Bulk Truck Loading in mix/storage building (ID#11); Bulk Rail Unloading in mix/storage building (ID#13); Bulk Loadout Line in Warehouse/Bagging Building (ID#16).

    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 Mr. Michael Stonik at (317) 233-0033 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:

                            Signed on December 8, 1998
Date:    _______________                _________________________
                            Felicia Robinson George
                            Assistant Commissioner
                            of Enforcement

cc:    Jean Bauer, US EPA Region 5
    Lake County Health Department
    OAM Public File
     http://www.ai.org/idem/

Converted by Andrew Scriven