HomeMy WebLinkAboutSB-0201 0042 - 1988 EIS PRP ReportAugust 16 1988
Mr Robert .3 Cappiello
Project Manager
State CleanUp Section
Indiana Department of Environmental Management
5500 West Bradbury
Indianapolis IN 46241
Dear Mr Cappiello
Enclosed find one set of the original documents and exhibits
prepared under IDEM Contract No 87622404
The work involved PRP search for drums of waste material located
at the former site of the Avanti Motor Corporation and New Avanti
Motor Corporation 765 South Lafayette South Bend Indiana
Please call me if you have any questions
Sincerely
IRONMENTAL ENGINEERS INC
teph Nye P.E
President
HSN/jmd
End
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EIS ENVIRONMENTAL ENGINEERS INC.1701 North Irorrwood Orive South Bend Indnana 46635 219/277-5715
PRP SEARCH FOR
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
OFFICE OF SOLID AND HAZARDOUS WASTES
CONTRACT NO 87622404 RFP A350728
JULY 1988
EIS Environmental Engineers Inc
1701 North Ironwood Drive
South Bend Indiana 46635
TABLE OF CONTENTS
SECTION PAGE
1.0 INTRODUCTION
2.0 METHODS
2.1 RECORDS SEARCH
2.2 REVIEW OF AVAILABLE AERIAL PHOTOGRAPHY
2.3 INTERVIEWS OF FORMER EMPLOYEES
3.0 RESULTS
3.1 GENERAL HISTORY
3.2 HISTORY OF DRUMS ON THE PROPERTY 10
3.3 MR PAUL LOCSIS ACCOUNT 17
3.4 SUMMARY AND CONCLUSION 19
4.0 LIST OF POTENTIALLY RESPONSIBLE PARTIES 22
TABLE
2.1 LOCAL AGENCIES AND ORGANIZATIONS
2.2 STATE AND FEDERAL AGENCIES
2.3 REFERENCE MATERIALS
TABLE OF CONTENTS CONTINUED
APPENDIX
PERTAINING TO FORMER EMPLOYEES
PROPERTY OWNERSHIP DOCUMENTS
IDEM LETTER FROM FOY WESTON INC
ARTICLES OF INCORPORATION AMENDMENTS
DOCUMENTS FROM U.S EPA REGION FILES
LETTER TO ST JOSEPH COUNTY HEALTH DEPT
DOCUMENTS FROM ST JOE COUNTY FIRE DEPT
REVIEW OF AVAILABLE AERIAL PHOTOGRAPHY
EXHIBITS
AERIAL PHOTOGRAPHY FLOWN MAY 1982
AERIAL PHOTOGRAPHY FLOWN NOVEMBER 11 1985
AERIAL PHOTOGRAPHY FLOWN APRIL 1987
1.0 INTRODUCTION
EIS Environmental Engineers Inc was retained by the Indiana
Department of Environmental Management Office of Solid and
Hazardous Wastes IDEM to conduct search for potentially
responsible parties Search in the matter of approximately
245 drums of unknown materials remaining on the former site of
the Avanti Motor Corporation and New Avanti Motor Corporation
765 South Lafayette South Bend Indiana Work was performed
under contract agreement No 87622404 RFP A350728
2.0 METHODS
The objective of the Search was twofold to identify
potentially responsible parties PRPs such as past and
present property owners past and present owners and officers
of the business which had been located on the site and other
possible generators of hazardous materials used in the
manufacturing process which occurred on the site and to
obtain any information available on the drums themselves
particularly any records or witness reports which might
establish the drums presence or absence under different
owners or operators To accomplish this twofold objective
search of available records was made and former employees of
all corporations that had occupied the site since 1964 were
interviewed
2.1 Records Search
variety of agencies organizations and reference materials
were consulted in the search process Public documents were
reviewed and agency officials were consulted Tables 2.1 and
2.2 list the agencies and organizations consulted the person
consulted where relevant and whether information existed in
the records Table 2.3 lists reference materials consulted
and whether information existed in the reference
TABLE 2.1
LOCAL AGENCIES AND ORGANIZATIONS
AGENCY/ORGANIZATION CONTACT INFO
Portage Township Mr Vitali
Accessors Office 219 284957 YES
South Bend Chamber NO
of Commerce
South Bend City Mr Mel Humphrey YES
Engineers Office
South Bend Code Mr Pat DeCierg NO
Enforcement Office 219 2849486
South Bend Assistant Chief Prawat YES
Fire Department 219 2849487
South Bend NO
Police Department
South Bend YES
Public Library
South Bend Mr Casey Pocius NO
Redevelopment Commission 219 2849371
St Joseph County YES
Area Plan Commission
St Joseph County Mr Shane Suit YES
Auditors Office 219 2849549
St Joseph County Mr Paul Trost YES
Health Department
St Joseph County Private Ms Kate Hyatt YES
Industry Council Inc 219 2822636
St Joseph County Clerk YES
St Joseph County Clerk YES
of the Circuit Court
St Joseph County YES
Records Office
Roy Weston Inc Mr James Burton YES
312 2956020
TABLE 2.2
STATE AND FEDERAL AGENCIES
AGENCY/ORGANIZATION CONTACT INFO
Indiana Department of Mr Bob Cappiello YES
Environmental Management 317 2435090
Office of Solid and
Hazardous Waste
Indiana Secretary of YES
State Corporations
Division
Indiana State Employment Mr Wesley Johnson NO
and Training Dept
South Bend
U.S Environmental Mr Robert Hartion FOIA YES
Protection Agency 312 8866686
Region
TABLE 2.3
REFERENCE MATERIALS
AGENCY/ORGANIZATION INFO
Dun Bradstreet NO
Moodys Industrial NO
Manual
Standard and Poors NO
Corporative Description
Thomas Register of NO
American Ilanufacturers
Library Clipping Files YES
2.2 Review of Available Aerial Photography
Among the records searched were variety of aerial
photographs of the site Photography available from several
agencies and in several forms was reviewed as special
information source Where possible blowups were obtained of
particularly interesting photography These blowups were
obtained from the contractor who still possessed the
negatives In most cases it was not possible or not necessary
to obtain photoquality imagery or blowups
The photography was examined for evidence of the presence of
drums or other debris on the site The results of that review
are summarized in Appendix Also included with this report
are any prints or blowups obtained Exhibits and
2.3 Interviews of Former Employees
Several former employees of the corporations that have
occupied the premises were interviewed The initial list of
former employees was obtained from the St Joseph County
Private Industry Council Reemployment Program The list was
taken from Reemployment Program records and was provided at
the request of IDEM Not all former employees would have
appeared on this list since it included only those who had
enrolled in the Reemployment Program However several of
those listed were able to suggest others who should be
contacted Because this initial list was not received until
June 29 1988 one day before all field activities were to
cease not all of the listed former employees nor those whose
names were later suggested were interviewed
Twelve 12 former Avanti employees were contacted for
interviews Eight of those contacted were available on or
before June 30 the date at which all field work ceased Most
of those interviewed were interviewed by telephone
standard form was completed during the interview by the
interviewer At the close of the interview the interviewers
notes were reread to the person interviewed to confirm the
accuracy of the notes
Several of the former employees interviewed had no knowledge
of drums on the property Some were able to suggest the names
of other former employees who might be knowledgeable few
had very specific firsthand knowledge of the drums Copies
of the correspondence relating to obtaining the initial list
the list provided by the St Joseph County Private Industry
Council and complete transcriptions of all interviewers notes
are included in Appendix of this report
3.0 RESULTS
The following results of the Search are reported in this
section list of PRPs summary of information from
available aerial photography summary of information
obtained in interviews of former employees
3.1 General History
The Avanti Motor Corp was founded by Nathan Altman and Leo
Newman shortly after the Studebaker Corp closed its South
Bend plant in 1964.1 They had purchased the right to
manufacture Studebakers Avanti sports car and together with
Frederick Baer they purchased an old Studebaker property at
765 Lafayette.123 In July 1965 the Avanti Motor Corp
began production of the Avanti II custombuilt limited
production sports car at the Lafayette address.1
Production continued
under Altman/Newman and their heirs until
October 1982 when Stephen Blake purchased the company.12 Mr
Blake did not purchase the property or plant at 765
Lafayette but leased it Frederick Baer Leo Newmans heirs
and Nathan Altmans heirs still hold title to that
property.235
Stephen Blake continued to produce the Avanti at 765
Lafayette until February 1986.16 Production modifications
instituted under Mr Blake resulted in major warranty and
credibility problems In particular new paint bonding
system or paint resulted in major cracking and pealing of
paint on the automobiles In late October or November 1984
Mr Blake filed suit against the paint supplier and
manufacturer for 2.2 million dollars in damages due to loss of
production time and capability cost of repairs to cars loss
of sales etc-8 In January 1985 18t Source Bank of South
Bend as the principal secured creditor obtained court
order to seize Avanti assets.17 The bank relented within 24
hours negotiating an interim agreement and returning Avantis
property On June 27 1985 the Avanti Motor Corp filed for
Chapter 11 bankruptcy and on February 1986 Stephen Blake
resigned as chief executive of the company All production
ceased at that time On April 30 1986 15t Source Bank sold
the assets of the bankrupt Avanti Motor Corp to Michael
and Lory .3 Kelly
Operating as The New Avanti Motor Corp Mr Kelly began
producing Avantis by August 1986.1910 Production continued
under Mr Kelly at 765 Lafayette until September 1987 when
all production in South Bend ceased.1-6-The New Avanti
Motor Corp now continues to produce Avantis in Youngstown
Ohio
3.2 History of Drums on the Property
It is apparent from aerial photographs interviews and other
records consulted that at various time drums have been
present at two distinct locations on the property These
10
locations are an area on the north side of the building
in the southwest corner of courtyardlike area and an
area on the west end of the building both next to the
building and in grassy area
3.2.1 North Location
Drums may have been present on the north side of the
building as early as 1956.11 Former employees
interviewed stated that they believed that all or most
of the drums on the North side of the building were
materials which had originally belonged to
Studebaker.12 13 One longtenured employee attributed
this information to former Studebaker employees.13 None
of those interviewed could recall if additional drums
accumulated on the North side after the purchase from
Studebaker
As early as 1980 150 or so drums of material described
variously as solidified paint glazing undercoating or
waste paint left by Studebaker had come to the
attention of the U.S EPA and the Indiana State Board
of Health.141516 Most of these early records and
subsequent correspondence14 are not specific about the
location of the drums in question However it is
11
clear that the same group of drums are discussed over
period of three to four years At the time the
discussion was initiated Avant Motor Corp is
addressed as the responsible party.14153-6929 After
the sale of the corporation to Stephen Blake the
discussion continues with the ABN Motor Corp which is
identified in U.S EPA documents as being formerly
Avanti Motor Corp.17 18
By 1984 IDEM records indicate that approval had been
granted to the ABN Motor Corp to dispose of 150 cubic
yards of paint sludge as special waste.4 This would
be the equivalent volume for more than 550 55gallon
drums
Actual disposal and hauling invoices establish that 80
to 100 cubic yards 300 to 400 drums of paint solids
and other solids were disposed of in Fort Wayne IN and
Dearborne MI at ABN Motor Corps expense.2 There is
little doubt that the materials removed included the
drums which had been present on the North side of the
building Former employees recall removal of all
materials from that area sometime shortly before or
after the business was sold to Stephen Blake.122223
One particularly vivid account described watching as
the drums were speared by forklift and then scraped
off into large dumpsters.23 Aerial photography also
12
confirms that materials stored on the north side of the
building in 1982 were no longer present in
1985.242526
Some former employees suggested that Mr Skip
Edward Tuberski might have some firsthand knowledge
of the removal and cleanup on the North side of the
building.13 23 Mr Tuberaki was not interviewed due to
time constraints
3.2.2 West Location
The presence of drums at the west end of the building
is not as well documented as the presence of drums on
the north side Possibly 10 to 30 drums or other
materials were stored on the grassy area as early as
1956.11 Forty 40 to eighty 80 drums may have been
present next to the west wall in 1966.24 on May
1982 approximately 100 drums most of them similar
were arranged in very orderly manner at the southern
end of the grassy area none were present against the
wall.25 By 1985 approximately 100 to 175 possible
drums were present in the grassy area and were much
less orderly in arrangement or similar in
appearance.26 In April 1987 approximately 75 to 150
drums were present Most were at the southern half of
the grassy area but some 15 to 25 possible drums were
arranged next to the building wall near the loading
13
dock None appeared to be next to the fence.27
Mr Larry Szybowicz who was first employed by the
Avanti Motor Corp under Altman/Newman in December
of 1978 believed that there had always been some
drums on the west end of the building both prior to
and after Mr Blakes purchase October 1982.23 Mr
Szybowicz was able to furnish specific firsthand
information concerning drums which were added to those
on the west side of the building during Mr Blakes
ownership Several months prior to being laid off in
April 1985 Mr Szybowicz was transferred to shipping
and receiving One of his responsibilities was to
label drums of spent material that was generated in
the new paintbonding process initiated under Mr
Blake
The drums all of them painted black were labeled
with labels identifying them as Hazardous Waste
containing DichloroMethane The drums were stored
outside against
the west wall until three had
accumulated At that time Mr Szybowicz would inform
the front office that three drums had accumulated The
office would then arrange for the drums to be picked
up The drums were picked up only once or twice after
14
Mr Szybowicz was assigned this duty When they were
picked up the drums were manifested as Hazardous
Wastes Thereafter the drums simply accumulated in
the area west of the building Mr Szybowicz
continued to label the drums and to prompt the office
to arrange for pickup At one point he joined his
supervisor Mr Ed Peterson in voicing their concern
to Mr Bob Smith then the plant manager Mr
Szybowicz estimated that approximately 25 labeled
drums had accumulated by the time he was laidoff
April 30 1985
Mr Szybowicz23 also recounted hearing loud banging
noises from the area of the drums in cold weather He
was later able to identify the source of the sounds
when he happened to witness the implosion of one of
the labeled drums
South Bend Fire Department records contain few
references to drums on the property The references
are often cryptic and difficult to read few hand
written notes appear to the earliest records in the
file These notes mention large quantity of
hazardous materials on the north side of the building
in 1980 they mention the removal of approximately
100 55gallon drums from the west side of the
15
building in 1983 and they mention large quantity of
hazardous materials on the west side of the building
on February 24 1985.28 One violation letter
addressed to Stephen Blake and dated July 1985
exists which notes 20 barrels containing waste oil
located at the west building exit.32 The only other
Fire Department records which mention drums are recent
Notices of Violation issued in December 1987 and
January 1988 when the matter of the abandoned drums
came to public attention
It is apparent that drums of some sort or another have
been present at the west end of the building for many
years Drums have been present during all three
corporations tenancy on the property single
cryptic note28 in the Fire Department files suggests
that approximately 100 drums were removed from the
area in 1983 some time before ANB Motor Corp
completed removal of very large volume of material
from the north side of the building June 1984 The
only specific account of drums being placed in the
area is Mr Szybowiczs firsthand report.23 His
account is supported by Mr Paul Locsis6 account
summarized below of waste generator and disposal
practices of all three corporations Altman/Newman
Blake Kelly The New Avanti Motor Corp has taken
16
strong position maintaining that it generated none of
the materials in the abandoned drums.33 This assertion
is also supported by Mr Locsis account
3.3 Mr Paul Locsis Account
Mr Paul Locsi was purchasing agent for the various Avanti
corporations from the spring of 1979 until the South Bend
plant was closed He was employed continuously during that
time even during the shutdown period between Mr Blakes
departure and Mr Kellys purchase The following paragraphs
summarize Mr Locsis account of the waste handling and
disposal practices of each of his respective employers
Under Altman/Newman ownership the principal wastes generated
were waste thinners drain oil from the service department
and spent blasting sands Until 1980 or 1981 waste thinners
were donated to the fire department which burned such waste
for practice fires Later the thinner manufacturer accepted
the spent thinners for recycling Drain oil was commonly sold
to people for oiling roads practice which ceased about the
time Altman/Newman sold out Spent blasting sand was
accumulated in drums and eventually spilled or dumped on the
ground and leveled out
17
Under Mr Blakes ownership the principal wastes generated
were much the same as those generated under Altman/Newman
except that much more thinnertype waste was generated after
new paintbonding system was installed The new bonding
system was polyurethane based and the waste was generated in
cleaning the application system Mr t.ocsi suggested that
wastes generated from this process would probably contain the
polyurethane compounds Initially program was not in place
for recycling the wastes but eventually recycling
agreement was made with the supplier Later financial
troubles with the supplier led to refusal to pick up the
wastes
The plant was shut down between February 1987 and April 1987
No wastes were generated No materials wastes or products
were moved or hauled off the property security company
patrolled the property during the shutdown Any drums on the
property in February were still on the property when Mr Kelly
purchased the business
Under Mr Kellys ownership most of the waste generated was
spent thinner which was hauled away by the supplier Paint
Solvents The polyurethane bonding machine was not operative
when Mr Kelly purchased the business and was not used before
it was dismantled and transported to Youngstown At the
building closing any remaining wastes generated under Mr
18
Kellys ownership were hauled out All wastes were
manifested Mr Locsi did note that the South Bend Fire
Department noted drums at the back West door as potential
fire hazard The drums were therefore moved by Mr Kellys
employees to the fence
Mr Locsi indicated that he maintained personal records of
business contacts from which he could retrieve the name and
phone number of any supplier or service that he dealt with
during his employment His strong opinion was that most of
the drums in the grassy area might be empty trash barrels
which might have collected water or spent blasting sand He
felt that any other wastes remaining on the property were
generated under Mr Blakes ownership
3.4 summary and Conclusion
The results of this search confirm that some of the drums
at the west end of the former Avanti plant contain
hazardous wastes generated while Mr Stephen Blake owned
the Avanti Motor Corp However there is little doubt that
there were drums of unknown contents in the area long
before Mr Blake purchased the business
19
There is also evidence that the owners of the original
Avanti Motor Corp i.e the Altman/Newman heirs
eventually removed large quantity of wastes from the
north side of the building completing the task after the
sale to Mr Blake and using the corporate name ANB Motor
Corp The quantity of material hauled suggests that the
drums in this area were indeed removed from the property
and disposed of There is some possibility that materials
were also removed from the west side of the building prior
to the final cleanup on the north side
The New Avanti Motor Corp owned by Michael and Lory
Kelly and later by John Cafaro as well has stated
strongly that it did not generate any wastes which remained
on the property There is no contrary and some supporting
evidence for this assertion However there is virtually
no doubt that the drums abandoned by Mr Blakes operation
were present at the time the Kellys purchased the assets
of the bankrupt Avanti Motor Corp It is beyond the scope
of this search to determine whether The New Avanti Motor
Corp took possession of the drums as assets
There is virtually no doubt that the drums abandoned by Mr
Blakes operation as well as drums that predated his
operation were present at the time 15t Source Bank of South
Bend siezed and later sold the assets of the bankrupt
20
Avanti Motor Corp It is beyond the scope of this search
to determine whether the bank took possession of the drums
as well
Leo Newman Nathan Altman Frederick Baer and their heirs
have owned the property where the suspect drums are located
from 1964 to date It is beyond the scope of this search
to determine the degree of responsibility of the property
owners
21
4.0 LIST OF POTENTIALLY RESPONSIBLE PARTIES
The following list was compiled from information available in
the resources listed in Table 2.1 2.2 and 2.3 Copies of
some supporting documents are included as appendices
LIST OF POTENTIALLY RESPONSIBLE PARTIES
1st Source Bank South Bend Indiana
Principal secured creditor of the bankrupt Avanti Motor
Corporation as owned and operated by Stephen Blake Seized
assets of Avanti Motor Corporation in January 1985 St Joseph
Circuit Court Cause R94 but quickly reented arriving at
an agreement with Avanti within 24 hours
Moved to sell the assets of Avanti Motor Corp February 21
1986 under the trms of an agreement reached with Avanti on
October 23 1985.-
AMOCO
Name appears on some drum labels.34
Altman Sylva Trust
40%Property Owner 72464 to date.3
Ashland Chemical
Name appears on some drum labels.34
Baer Fredrick
20%Property Owner 72464 to date.3
Blake Stephen possible residence Washington D.C
President and major shareholder 80%in the closely held
Avanti Motor Corp a.k.a AMW Inc purchased in October
1982 bankruptcy filed in June 1985 resigned as president in
February l986.-22
Cafaro John 3.Youngstown Ohio
Major Stockholder 47.6%in the New Avanti Motor Corporation
Acquisition announced 4_30_87.l
CHEIISOLV South Bend Indiana
Name appears on some drum labels.34
Dupont
Name appears on some drum labels.34
Freeman Port Washington Wisconsin
Name appears on some drum labels.34
GLS Chicago IL
Name appears on some drum labels.34
German Diane
10%Property Owner 10984 to date.35
Kelly Michael
With wife Lory purchased the assets of the bankrupt Avanti
Motor Corp from 1st Source Bank April 30 1986
Named as President of The New Avanti Motor Corporation in
Articles of Incorporation filed May 1986 with State of
Indiana Office of the Secretary of State Principal
stockholder of that closely held corporation
Also named as sole member of the Board of Directors.9
Kelly Lory
With husband Michael purchased the assets of the bankript
Avanti Motor Corp from 1st Source Bank April 30 l986
Named as Vice President Secretary/Treasurer
of the New Avanti
Motor Corporation in Articles of Incorporation filed May
1986 with State of Indiana Office of the Secretary of State.9
23
Kendall
Name appears on some drum labels.34
Newman Geoffrey
10%Property Owner 10964 to date.3
Named as Vice President of ABN Motor Corporation in EPA RCRA
Notifation of Hazardous Waste Activity dated April
1984
Named as person contacted at Avanti Motor Corp in letter to
Rich Shandross U.S EPA from Tom Fitch Indiana State Board
of Health dated April 20 1981 Letter concerned
approximately 150 drums of material which the Avanti Motor
Corporation had failed to test or dispose of at that time.9
Newman Lee
10%Property Owner 10964 to date.3
Newman Lynn
10%Property Owner 10964 to date
Northern Indiana Paint Supply Inc Warsaw Indiana
Supplied paint to Avanti in 1984 and possibly late 1983
Paint supplied was the product of PPG Industries of
Pittsburgh PA Northern Indiana filed suit in St Joseph
County Circuit Court in late October or November 1984
claiming Avanti failed to pay $18041.00 for supplies and
services Cause No P8292k Avanti countersued against
Northern Indiana and PPG
PPG Industries Pittsburgh PA
Manufacturer of paint supplied to Avanti by Northern Indiana
Paint Supply Inc Named in suit filed by Avanti in late
1984.1
Quaker State
Name appears on some drum labels.34
24
Renco
Name appears on some drum labels.34
Sherwin Williauis
Name appears on some drum labels.34
25
REFERENCES
Clipping files Available from South Bend Public Library
warranty deed St Joseph County transfer number 4987 July241964Appendix
Portage Township Assessor property records Appendix
Certificate of Assumed Name October 21 1982 Appendix
Petition for Authority to Make Partial Distribution in the
matter of the estate of Leo Newman St Joseph Co
transfer number 5585 October 1984 Appendix
Paul Locsi telephone interview June 30 1988 Appendix
St Joseph Circuit Court Cause R94
St Joseph Circuit Court Cause P8292
Certificate of admission of the New Avanti Motor Corp May1986Appendix
10 Fronia Jo Cook telephone interview June 30 1988 Appendix
11 Aerial photography flown April 1956 Appendix
12 Joyce Stump telephone interview June 30 1988 Appendix
13 Fronia Jo Cook telephone interview June 30 1988
14 Letter from James Hunt IDEM to Mr Paul Trost St Joseph Co
Health Department dated February 1988 Available IDEM
files
15 Memorandum to Geoffrey Newman Avanti Company from Richard
Shandross U.S EPA dated January 1980 Appendix
16 Memorandum to Bill Messenger U.S EPA from Rich Shandross U.S
EPA dated April 29 1981 Appendix
17 Notification of Hazardous Waste Activity dated March 29 1984
Appendix
18 Notification of Hazardous Waste Activity dated March 15 1984
Appendix
26
19 Letter to Rich Shandross U.S EPA from Tom Fitch Indiana State
Board of Health dated April 20 1981 Appendix
20 Letter to Rich Shandross U.S EPA from Guinn Doyle Indiana
State Board of Health dated April 20 1981 Appendix
21 Letter to Paul Trost St Joseph County Health Department from
Geoffrey Newman N.A.B Building Co dated February 15 1988
Appendix
22 Joyce Turner telephone interview June 30 1988 Appendix
23 Larry Szybowicz personal interview June 30 1988 Appendix
24 Aerial photography flown Hay 26 1966 Appendix
25 Aerial photography flown May 1982 Appendix and Exhibit
26 Aerial photography flown November 1985 Appendix and
Exhibit
27 Aerial photography flown April 1987 Appendix and Exhibit
28 Hand written notes from South Bend Fire Department files
Appendix
29 Notice of Violation and Order South Bend Fire Department dated
January 13 1988 Appendix
30 Notice of Violation and Order South Bend Fire Department dated
January 1988 Appendix
31 Notice of Violation and Order South Bend Fire Department dated
December 1988 Appendix
32 Letter to Stephen Blake Avanti Corp from George Gzori South
Bend Fire Department dated July 1985 Appendix
33 Letter to James Hunt IDEM from William Day The New Avanti
Motor Corp dated March 31 1988 Available in IDEM files
Letter to Robert Cappiello IDEM from James Burton Roy
Weston Inc dated June 1988 Appendix
35 Notification of Hazardous Waste Activity dated April 1984
Appendix
27
APPENDIX
Correspondence related to the List of Former Avanti Employees
List of former Avanti employees provided by the St Joseph
County Private Industry Council
Transcription of interviewers notes
PrIvate Industry Council
11i RE-EMPLOYMENT
2015 Western Ave Suite 435 P.O Box 1048 South Bend IN 46629 219-282.2636
ST.JOSEPH
COUNTY
PRIVATE
INDUSTRY
COUNCIL INC
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SAINT JOSEPH COUNTY JOB TRAINING PROGRAM
LISTING OF AVANTI MOTOR CORPORATION EMPLOYEES
ENROLLED UNDER DISLOCATED WORKER PROGRAMS
NAME EMPLOYMENT
ADDRESS FROM ENROLLMI
TELEPHONE TO DATE
AUSTIN Darnada
9222 St Louis Blvd South Bend 46617 Jun 12 75 Apr 15
233-7038 TU-k Jun 12 84
BINGHAM Elouise
2414 Fredrickson South Bend 46628 Jul 14 67 Sep 302t86sJul1485
CIESIOLKA David
21928 Silveraprings South Bend 46628 Jun 87 Oct 13
277-0137 Sep 25 87
DILLON Paul
19584 Shervood South Bend 46637 Apr 74 Aug272-7391 fp/OCj -4.4 Dec 84
HADLEY Thomas
434 Wenger South Bend 46618 Aug 82 Jun 16
233-2373
HOUGHTON Glenda
l 1353 Olive St South Bend 46628 Jun 10 79 Oct 10
Nov 84
KERNS Terry
65777 Maple Rd Lakeville 46536 Jan 20 87 Oct 19
784-5832 1JS-
KURSHAL Robert
61500 Crunatown Tx-North Liberty 46554 Dec 12 86 Oct 15289-8619 bdh.r-/Sep 25 87
--e_f
6/20/88
Page of
SAINT JOSEPH COUNTY JOB TRAINING PROGRAM
LISTING OF AVANTI MOTOR CORPORATION EMPLOYEES
ENROLLED UNDER DISLOCATED WORKER PROGRAMS
NAME EMPLOYMENT
ADDRESS FROM ENROLLM
TELEPHONE TO DATE
LABEDZ Victor
1205 Huey South Bend 46628 Apr 85 Sep 15
232-2514 Sep 14 86
MCLAUGHLIN Brian
2112 Miahavaka Aye South Bend 46615 Jul 84 Jul
233-9457 Dec 12 84
McMILLEN Michael
2401 Michigan Rd Lot 66 LaPaz 46537 Oct 19 81 Dec 16
SZYB0WICZ Larry
530 25050 Edison South Bend 46628 Dcc 78 Apr 11
232-3527 ---fr-4 5.-p Mar 30 85
ROBEL Daniel
521 Bendix Or South Bend 46619 Oct 15 86 Sep 28
288-0669 Sep 87
6/22188
Page of
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
AVANTI PRP SEARCH
INTERVIEW FORM
NAME Darnada Austin DATE 62988
ADDRESS 9222 St Louis Blvd TIME 200 pm
South Bend IN 46617
219/2337038
AFFILIATION OR RELATIONSHIP TO SITE Worked in body shop cleaning
parts Used sander and DA both dry processes
DATES OF AFFILIATION FROM 61275 TO 61284
NOTES
Does not recall drums on site
Does not recall who might have handled them Different people
did those kind of things interviewers interp no specific
job designation for that sort of task
WBP ___________________________________REREAD PHONE NOTES SIGNATURE OF PERSON INTE
EIS ENVIRONMENTAL ENGINEERS INC.1701 North Ironwood Drive South Bend Inana 46635 219/277-5715
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
AVANTI PRP SEARCH
INTERVIEW FORM
NAME David Ciesiolka DATE 62988
ADDRESS 21928 Silversprings TIME 500 pm
South Bend IN 46628
219/2770137
AFFILIATION OR RELATIONSHIP TO SITE Worked in body assembly
DATES OF AFFILIATION FROM 6287 TO 92587
NOTES
Only worked there short time doesnt recall anything about
drums
WBP _____________________________________REREAD PHONE NOTES SIGNATURE OF PERSON INTE
EIS ENVIRONMENTAL ENGINEERS INC 1701 North Iroriwood Dune South Bend Indiana 46635219/277-5715
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
AVANTI PR SEARCH
INTERVIEW FORM
NAME Fronia Jo Cook Jo DATE 63088
ADDRESS 1734 East 4th St TIME 450 pin
Mishawaka IN 46544
2591147
AFFILIATION OR RELATIONSHIP TO SITE Started as operator and
worked up to Supervisor of Trim Dept under Altman and Blake Part
time for Kelly
DATES OF AFFILIATION FROM 276 TO Bankruptcy 1085
Called Back 886 to 787
NOTES
Barrels on north side when she started and she understood from old
Studebaker employeesj they were from Studebaker There were
also other materials like frames etc
To create an area to park new cars for few weeks the metal parts
were hauled out for scrap but the barrels stayed because she
heard they split common knowledge when they tried to move
them When Ira Altman was President
Drums on north side werent ever moved or added to to her
knowledge
Never was in area of west end never knew of or noticed if drums
were present
Maintenance Staff
John McClelland
Underj Newman/Altman was Maintenance then promoted to
Bodies possibly under Blake was Plant Manager or
Asst Plant Manager Fired by Blake Kelly rehired him as
Asst Plant Manager
WBP _________________________________REREAD PHONE NOTES SIGNATURE OF PERSON INTE
EIS ENVIRONMENTAL ENGINEERS INC 1701 North ronwood Drive South Bend Indiana 46635 219/277-5715
PAGE OF
INDIANA DEPARTMENT OF ENVIRONMENTAL NXXGEME1ff
AVANTI PRP SEARCH
INTERVIEW FORM continued
NAME Fronia Jo Cook DATE 63088
NOTES Maintenance Staff continued
Skip Tuberski Edward
Now owns Auto Shed on Wayne
Body Shop was at extreme west end of buildingi
Paint shop was in NE corner under Newman/Altman
Blake moved paint shop to just east of body prep area
WBP _____________________________________RE-READ PHONE NOTES SIGNATURE OF PERSON INTERVIEWED
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
AVANTI PR SEARCH
INTERVIEW FORM
NAME Paul Dillon DATE 62988
ADDRESS 19584 Sherwood TIME 515 pm
South Bend IN 46628
2727391
AFFILIATION OR RELATIONSHIP TO SITE Worked in assembly 1/2
years and in shipping and receiving years according to wife
DATES OF AFFILIATION FROM 4774 TO 12784
NOTES Call after 1000 am Friday July 1988 to speak w/Mr
Dillon
No calls made after 63088
WBP
RE-READ PHONE NOTES SIGNATURE OF PERSON INTE
EI5 ENVIRONMENTAL ENGINEERS INC.1701 North ronwood Drive South Bend Indiana 46635 219/277-5715
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
AVANTI PR SEARCH
INTERVIEW FORM
NAME Glenda Houghton DATE 62988/63088
ADDRESS 1353 Olive St TIME 300 pm/330 pm
South Bend IN 46628
AFFILIATION OR RELATIONSHIP TO SITE Worked in electrical
DATES OF AFFILIATION FROM 61079 TO 9184
NOTES Just leaving please all back tomorrow 62988
Child answered please call back 6_30_88
No calls made after 63088
WBP
REREAD PHONE NOTES SIGNATURE OF PERSON INTE
EUS ENVIRONMENTAL ENGINEERS INC 1701 North Ironwood Drive South Bend Indiana 46635 219/277-5715
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
AVANTI PRP SEARCH
INTERVIEW FORM
NAME Robert Kurshal DATE 63088
ADDRESS 61500 Crumstown Trail TIME 400 pm
North Liberty IN 46554
219/2898619
AFFILIATION OR RELATIONSHIP TO SITE Worked in body shop in
fiberglassing according to mother
DATES OF AFFILIATION FROM 121286 TO 92587
NOTES On vacation call back Friday night 7_l_88
No calls made after 63088
WE ________________________________REREAD PHONE NOTES SIGNATURE OF PERSON INT
EIS ENVIRONMENTAL ENGINEERS INC 1701 North Iroriwood Drive South Bend Indiana 46635 219/277-5715
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
AVANTI PRP SEARCH
INTERVIEW FORM
NAME Paul Locsi DATE 63088
ADDRESS 159 Concord TIME 845 pm
South Bend IN 46619
219/2870329
AFFILIATION OR RELATIONSHIP TO SITE Purchasing Agent
DATES OF AFFILIATION FROM Spring 1979 TO Youngstown
NOTES
Most of the material out there was generated under Blakes
ownership
Consists of paint thinner and water drain oil service dept.J
and cleaning solution used for bonding machines most volume
generated by bonding machinesj
Has some records in his possession phone lists
Bonding material for which thinner was used was polyurethane
bonding material and was purchased from Essex Equipment
Jesco MI
Disposal Methods Respective OwnersJ
Altman Ownership
Fire Department would take waste thinners out to airport and
burn it for practice fires until 1980 or 1981 then thinner
mfg accepted it for recycling
Drain oil was purchased by people oiling roads
wasi discontinued about time Altman sold out
WBP ___________________REREAD PHONE NOTES SIGNATURE OF PERSON INTE
EIS ENVIRONMENTAL ENGINEERS INC.1701 North Ironwood DriveS South Bend Indiana 46635219/277-5715
PAGE
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
AVANTI PRP SEARCH
INTERVIEW FORM continued
NAME Paul Locsi DATE 63088
NOTES Disposal Methods Under Respective Owners continued
Blakes Ownership
Much more waste was generated when bonding equipment was put
in place polyurethane bonding system
program was not initially in place for recycling but finally
arranged to have material recycled by the supplier Financial
problems w/suppliers lead to refusal to pickup
Shut Down Blake Left to Kellys startup Feb 87 April 87
Nothing generated
Nothing moved or/hauled out
Security service
Kellys Ownership
Barrels still there when he Kelly purchased business
Fire department noted barrels back door and they were moved
to fence
Next fire inspection did not note barrels
Most waste generated was spent thinner which was hauled away
by thinner supplier Paints Solvents
Bonding machine was not functional when Kelly purchased and
was disassembled and1iuled to Youngstown
At building closing remaining barrels of waste generated
under Kelly were hauled out manifests signed
Not certain how much drain oil was generated or how it might
have been disposed of
Can supply names and phone numbers of material suppliers etc for
all owners from personal files
No stock was ever stored outside
WBP
RE-READ PHONE NOTES SIGNATURE OF PERSON INTE
PAGE OF
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
AVANTI PRP SEARCH
INTERVIEW FORM continued
NAME Paul Locsi DATE 63088
NOTES
Might have drums of spent blasting sand which eventually spilled or
was dumped out and graded
Most barrels in grass would be old trash barrels
WBP _____________________________________RE-READ PHONE NOTES SIGNATURE OF PERSON INTERVIEWEDFORD000607
11IIi INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
AVANTI PRP SEARCH
INTERVIEW FORM
NAME Brian McLaughlin DATE 63088
ADDRESS 2112 Mishawaka Ave TIME 320 pm
South Bend IN 46615
219/2339457
AFFILIATION OR RELATIONSHIP TO SITE ____________________________
DATES OF AFFILIATION FROM 7884 TO 121284
NOTES Answering machine left name and phone number 63088
REREAD PHONE NOTES SIGNATURE OF PERSON INTERVIEWED
EIS ENVIRONMENTAL ENGINEERS INC 1701 North Ironwood Drive South Bend Indiana 46635 219/277-5715
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
AVANTI PRP SEARCH
INTERVIEW FORM
NAME Joyce Stump DATE 63088
ADDRESS 313 North Oakland Ave TIME 430 pm
Mishawaka IN 46544
219/2554279
AFFILIATION OR RELATIONSHIP TO SITESewed seat covers and interior
parts
DATES OF AFFILIATION FROM 183 TO Youngstown Move
NOTES Worked in area overlooking north side court yard east
wing
Knew drums were there on north side She was told they were from
Studebaker
Drums were on west side of horseshoe court yard inside
horseshoe
were Different colors quite few looked old and
weathered
Got rid of lot of them while Mr Blake was there i.e shortly
after he bought it the business Doesnt know who got rid
of them
Suggests callJoCook 2591147 was supervisor under Blake and long
tenured employee
Under Kelly Ms Stump moved in closer to middle of building and
could no longer see the area side
John McClelland maintenance under Kelly went to Youngstown
WE
RE-READ PHONE NOTES SIGNATURE OF PERSON INTE
EIS ENVIRONMENTAL ENGINEERS INC 1701 North Ironwood Dune South Bend Indiana 46635 219/277-5715
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
AVANTI PRP SEARCH
INTERVIEW FORM
NAME Larry Szybowicz DATE 63088
ADDRESS 25050 West Edison TIME 630 pm
South Send IN 46628
AFFILIATION OR RELATIONSHIP TO SITE First in parts then in
shipping and receiving on dock overlooking area at
West end of building
DATES OF AFFILIATION FROM 12178 TO 43085
NOTES Called 62988 to set up appointment for personal
interview 63088
Recalls drums west of building on grassy area Was told they had
been there for years
Doesnt recall older barrels being disposed of except those in
north court yard
labeled as containing DichloroMethane from bonding process
initiated under Slake were labeled as Hazardous Waste and
manifested out for few months after Mr was given the job
of labeling the drums and informing the office when three had
accumulated After the first or so pickups the drums just
accumulated on the west side of the building about 25 when
he left
At some point both Mr Szybowicz and Ed Peterson Supervisor
talked to Sob Smith Plant Manager about the drums voicing
their concern over failure to pickup
John Pullin started as Maintenance and advanced to Body Out
assembly Supervisor Good man to talk to
Steve Snyder Body Shop Albert Street SB
Jim Huff was labeling drums before Mr took over job
________________________________Larry_E._SzybowiczREREADPHONE NOTES SIGNATURE OF PERSON INTERVIEWED
EIS ENVIRONMENTAL ENGINEERS INC 1701 North Iroriwood Drive South Bend Indiana 46635 2191277-5715
PAGE OF
INDIANA DEPARTMENT OF ENVIRONMENTAL MMAGEME1W
AVANTI PRP SEARCH
INTERVIEW FORM continued
NAME Larry Szybowicz DATE 63088
NOTES
Skip Tuberski was involved in maintenance type work and may
have had responsibilities in removal of drums on north side
and to new bonding process machine by
Blake
Kevin _____in paint department left while Mr was still
there
Informal tape of interview was made
Mr also recounted watching the thick layer of viscous material
which had accumulated on the ground surrounding the old
Studebaker drums on the north side of the building He described
how on hot days it would bubble slowly He also recounted
watching these same drums speared with forklift and loaded into
big dumpsters He did not recall that any were moved to the west
end of the building but could not verify that all the north side
drums were removed from the premises
_______________________________Larry Szybowicz
RE-READ PHONE NOTES SIGNATURE OF PERSON INTE
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
AVANTI PRP SEARCH
INTERVIEW FORM
NAME Joyce Turner DATE 63088
ADDRESS 1220 Indiana Ave TIME 830 pm
South Bend IN
219/2347915
AFFILIATION OR RELATIONSHIP TO SITE Head of Trim Shop
according to David Wrobel Recovered seats years
Utility person on line years Foreman 1980 to 1987
DATES OF AFFILIATION FROM Sept 1970 TO Youngstown Move
NOTES Left message on answering machine 63088
Returned call that evening and provided following information
Paul Locsi was Purchasing Agent for Altman Blake Kelly
219/2870329
Believes it was residue from cleaning bonding machine
Barrels were in north court yard under Altman old paint and
window sealer etc She believes they the company cleaned
it the drums on north side up
WBP _____________________________REREAD PHONE NOTES SIGNATURE OF PERSON INTE
EIS ENVIRONMENTAL ENGINEERS INC 1701 North Ironwood Dove South Bend Indiana 46635.219/277-5715
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
AVANTI PRP SEARCH
INTERVIEW FORM
NAiE Daniel Wrobel DATE 63088
ADDRESS 521 Bendix Dr TIME 330 pm
South Bend IN 47719
219/2880669
AFFILIATION OR RELATIONSHIP TO SITE Carpet Layer
DATES OF AFFILIATION FROM Oct 15 1986 TO Sept 1987
NOTES
Was aware of drums on west side
Were always in same place
Used quite few drums of thinner and cleaner Used
solvents/thinners were put into spent material drums not
sure where they went
Maintenance chief was Tom Rawhut went with Avanti to Youngstown
Before him was Bill Norris Mishmay have worked for Blake
Duties were not ridged whoever was available would do job like
that filled drums from building
Spent product drums were not labeled or segregated in shop
Were maybe 10 old drums next to west wall Most were
in grassy area and few against fence
WBP ________________________________REREAD PHONE NOTES SIGNATURE OF PERSON INTE
EIS ENVIRONMENTAL ENGINEERS INC 1701 North Ironwood DriveS South Bend ndiaa 46635 219/277-5715
PAGE 20F
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
AVANTI PRP SEARCH
INTERVIEW FORM continued
NAME Daniel Wrobel DATE 63088
NOTES
Joyce Turner Head of Trim Ship
1220 West Indiana Ave
South Bend IN
219/2347915
Iris McChesney Trim Shop
927 West Broadway
Mishawaka IN
219/2553306
Joyce Stump Seamstress in Trim Shop
313 North Oakland Ave
Mishawaka IN
219/2554279
WBP _____________________________________RE-READ PHONE NOTES SIGNATURE OF PERSON INTE
APPENDIX
Property Ownership Documents
___
STATE OP XWDIMA SI THE Sr JOSEPH PROBATE COURT
SS
SF JOSEPH COUNTY Ceri ESTATE NO 32588
rooSte Court
IN THE MATTER OF THE ESTATE OF PETITION FOR AUTHORITY TO
MARE PARTIAL DISTRIBUTION
LEO NEWMAN Deceased 8421306 AFTER FIVE MONTHS
Cow.now Joseph .7 Newman xecutor of the Estate of La
Newman d.c.a..d and being duly sworn upon his oath respectfully
Shows the court as follows
That your petitioner is the duly qualified and actinq
Executor of the Estate of Leo Newman
That the first publication of -notice of the opening of
this estate was duly made on the 21st of April 1980 snd therefore the
time for filing claims in said estate is now expired
That the estate is Solvent and your Executor desires to
make partial distribution of the assets during the period of adssini
stration That the asests which the Executor prays to distribute are
as follows
An undivided onehalf interest in and to the
Warehouse Building and premises situated and known as 405 Sample
Street in the City of South Send Indiana the legal description
which ir attached hereto
fifty percent interest in and to the store building
situated and known am 611 613 South Michigan Street in the City of
South Bend Indiana the legal description for which is attached
herto
forty percent interest in and to the factory
Warehouse building situated and known as 7b5 Lafayette Blvd in the
City of South Bend Indiana the legal description for which is
attached hereto
Ftftj shares of St Joseph Bank Trust Company 2.625
cumulative convertible preferred stock which stock shall be
distributed evenly with the ba1ace of shares being converted to cash
for distribution
tJ.y ftfl FO TMAUON CO
JOWt4F.NAGY
AUDITOR
ST JOSEPH CO.WCIANA
405 Wst Sample Street 8421306
Part of the 8.8 1/4 of Section 11 TWp.37 Of
the 2nd P.M more particularly described as f0110W5
COmmencing at the S.N Corner of Tract No of the
Studebaker Corp Raplat as recorded in P1st Bcok 11 page
184 in the Office of the Recorder Of St Joseph County
Indiana thence $5l46 along the line of said
Tract No said lin being also the lin of Sample
Street distance of 1080.37 ft for point of beginning
thence M.00604 distance of 35.06 ft to point
thence N.601OO distance of 123.28 feet to point
thence N43923 distance of 129.91 feat to point
thence N.894225 distance of 291.06 ft to point
thence S.00I347 distance of 289.38 ft to the said
line of said Tract No thence North 895l46 along the
said line of said Tract No distance of 315.85 ft to
the point of beginning containing 2.013 acres all bearings
assumed in St Joseph County Indiana
611613 South Michigan Street
Lot Numbered Twelve 12 as shown on the recorded Plat of
Martin rutts Addition to the town now City of South Bend
St Joseph County Indiane
ALSO
lot or parcel of land Thirty 30 feet in width North and
South taken of of and from the entire length of the South
side of Lot Numbered Two and another lot or parcel of
land Three feet in width North and South taken off of and
from the entire length of the North side of Lot Numbered Three
all as shown on the recorded Plat of Martin and Tutts
Addition to the Town now City of South Bend St Joseph County
Indiana
ALSO
Lot Numbered Three as shown on the recorded Plat of Martin
and ToLLs Addition to the Town now City of South Bend excepting
therefros lot or parcel of land Three feet in width North
and South taken otf of and from the entire length of the North
side thereof in St Joseph County Indiana
765 South Lafayette
Parts of the 5.8 1/4 of Section 11 and the S.W 1/4 of Section
12 Townahip 37 Range of the 2nd P.M more particularly
described as follows Commencing at the N.E corner of Tract No
of the Studebaker Corporation Replat as recorded in Plat Book
11 page 184 in the office of the Recorder of St Joseph County
Indiana thence OO12l0 along the line of sCid Tract
No distance of 690.31 ft for point of beginning thence
continuing 00l210 distance of 346.68 feet to point
thence 893728 distance of 399.58 ft to point thence
O0l347 distance of 40.01 ft to point thence 89
4225 distance of 291.06 ft to point tence 43923
distance of 39.43 ft to point thence 2630
distance of 268.30 ft to point thence 89
distance of 676.49 Ft to th point of be jinning containing
5.181 acres all bearings assumed in Sc Joseph County
Indiana
8421306
All .t the intetest in three promissory
amount of $8777.43 ch payabl to th Estat of Lee Newman by
Geoffrey Newman Pr.aidnt of N.wan Altman Inc dated May 15
1980 and due on May 15 1984 November 15 1984 and MaY 05 1985
pursuant to Stock Purchase Agreement entered into on September 30
1977 between Leo Newman and Geoffrey Newman mtockholders in
Newman Altman Inc
All caah assets in excess of $35000.00
That the balance of assets available for distribution in
said estate is estimated as in excess of Forty Thousand $40000.00
Dollars
That it ie in the beat interest of the estate and of the
heirs that partial distribution of the assets be made at this time
Thet the diatributees entitled to participate in said
distribution are the residuary legateee in the decedents last will and
testament and each is bequeethed one fourth of the rest and remainder
of decedents estate Said residuary legatees are Geoffrey Newman
son Diane German Lee Newman and Lynn Newman daughters
WHEREFOPE said Executor prays the Court for an order author
izing him to make partial distribution as set forth above pursuant to
the provision of Indiana Code X.C 291171 and that securtty frois
said distributee not be required by the Court but that said distribu
tion is conditional upon said property not being needed to pay debts
claims taxes and costs of administration whereby in the event the
court should subsequently decree the return of said property to be in
the best interest of said estete said dtgtribut.es shall tender said
property back to the personal r.presentativ of b.4pcedents estate
oseanurJi
Eat of Leo Newmande..e.d
Subscribed andnto fore Notary Public in and for
said County and Stat-day of _________1984
My Commission Expi La2L9
J.sid St oseph County
8421306
T8 .u8 pfl
US
IN
USL
Irv Maous.ah Clerk
nv
___Joas .J kfl as UScubur of the estabe of Ian de
ceased aM ita his verified petition for iritai diatttbtion %4ttd%petition
In ie foUceing enzda aM figures buedta
H.
AM the urt having hersbefovs saId petition aid being fully edvised
in tbs priesa Lids that the .etabe of cent is solvent aM that sore
then iv soothe have elapsed since the satabe saa duly opeoed that th tnia
tration of th.stats baa been prolonged for vericaa aM .szy rse aM that
afts.r seldog partial distribution hersin e.4t en be aide 1a fur4a viii r.tn in
tha astabe be fully pay all itioza dents clai aM aaets of ini
tration of idd satabe that partial distribution is in the best interests of the
estate med of the distribiases aid that tbe following persona ax dietxtbtees of tka
estet of Len an aid ax entitled be fturth of assets being din
tribaM ffrey Oiasa Oe Las ln aid Lynn Sen aid that the
prayer of id petition u1d be granaM
IT IS INtE A3trJ MV bj the r.t that Jaeei
lveen as esacutor of Us estate of ten de4 be aid becbj is autbu
rized eM directed to eels partial distribution viUsut entice in seed estate pssisnt
be the petition filed tazseith aid that said diatriblses isli ent be required to
furnith aectEity for Us prrty being dietrLbaM hovever said distribution La
onnditiooel on the r.n of the prcgerty diatritatad or an Jnt evel ho the
aieM velis thsruof or en ait as thali -be tsreasary in the .t the r.ininq
assets iould be Lnsfid.nt en fully pay all enste allowed claisa aid
distributive there 111 of thtdt is ordered this Al 4JL dey of ________
_________1984
______
.J St .Ioee urt
.tAI
St JOISt 05.55 pidead
MSflUSZJL ve
-1
-----
ifo
.1
IiliIt
II ..i il.../i..0..21ispi...ik.3 44 0.13 ..k $.i$$3 pA i.m di
I..li.k ./3 03$04 INOIISTOIAL COMMERCIAL 11 di si/Il 4.91 ..i.13 xiii .40 I..$4 b..lip .II.y lsi lisA
d.0y 3.i.00 ..is 3..4 00 ....i 1.40 24 liii Iii 451 il 47 .11k 0.10.I 1257.57 II 1409 1.11.1._i.7$..4d.o.i.i
IA pnIiy 3.30 I..d di.Æ 0% 04.17 3...Iy .pl.10 ..i$..hd 10p ii.40 .31i.../t A7.lk IA C.....nh.u.p1.11.4 3.7
IS h.iI is 3..00 I_idn ls..7 .3g 02 20.37 3..iI 2$..._il skip ii.49 .33k ./3 4T..l..I 02 C....l.k lisi..I ..pI.ll.d.0.99.9
04 .is.lOl 3..30 .di .3..is..kIy 03 40.4.1.1 3.I 11 sij..l .Uip ii.32 .l..nii .3.i.70 ..th..is.f.ilili ..pI.ll.d 10.19
07 Il..3..40 IlhI f1 .n.bIy 30 ...4/.wlt.$j.29 itIsi 1.1.11 ..t 32 ...h.9$..i..l.i..II 1...pl.II.d 20.79
II ....n.SO lid ..lw..33 4.7.1 31 af...d/n 34 .u3..sIn unit 99 .1k C..sIts..silpI.ll.d 30.29
09 3laksas IA 3.4 1140 3s..i..ls 32 .isil h.i/k..p.i.I 32 dlv..i .tos.eit 33 Cqss .n isplitlid 40
79 ilk It..1144
LAI3D DATA 1003UTA0I090
14113k LAO TYPE
OH..Elf...0.340.4
liii 7.0 Ti.05.0
P5.531.3
Ni 0.I.Lii ________________
Pli_.y lid/C..2k ..._
L.4.8.lft.y i40/C.313 _________________________
1.11k7 lI.flI.133 09 TillOl ________________________________
3...pf 00 L....._Sq 73 ________
Al 70.1 1.40 3.11 I.E A.is.p ks.3.I..d Ioi.on.n.d 03..50
_i _p....11C0 o4.o--.-I%
03 ____________________________
P..3 D.dilij
ii iii liii ________......._______
0i4..i.lk IlipOod LP3 _________
All79
7./P 9.4/or...___________________
TC.....IiII..is 03$.Si.
I7_C1d1 ________
_______1Afl.l.3li..is _________
1...FisYiis .....
_________________/77
TOTAL 130400 ___________TOTAL TRUE COIN LAND VALUE
PIE0CIIIE3 INDIANA POOPEITY IECOID 010 1970
-________________________
PORTAGE TOWNSHIP PROPERTY RECORD
Ci.Np _.________._J
/U2 MENOIAADUN 77 .50
7134313 A443ii
3/5379 ./0503-18-043-1654.Q1CoS.f O...k
18 3043 1654.01 013174-
NEWMAN LEO --
NATHAN ALTMAN 1/2 INT EA
__________________________________765 LAFAYETTE
________T._il...IA.4.p SOUTH BEND INDIANA 46623
7-24 9A/5/
________.4IkC .2k -AREIW3v//0 5.3Z2t
9-iPs .i ..S4 -37-2 cw /O.3
_______Co...77 ..A4l .4C
S%.Øe./73
ig ._.YALIATION I3A00
Au.....0..3970 TR 394l IN_19_TL......T9_T9_
3....C$p_q /o/l.s.3..31 C/.._________ _________ _________ _________
________i77/o
I..Au o..Ip_iu._i .j IPllb Z4/.0 ______ ______ ______ ______
T.2id -i.co 3ro7o2D _____ _____ _____ _____
L..d 3.2 2O 227 ______ ______ ______ ______
uu.d Oils I.pisu..53 Z3c I.0 _______ _______ _______ _______
7.3.1 JF.5..r J7/O _____--
I2
NI ..A i./1..--
SI p..kd 44 411 ..ni h..k 63 .tf .u.Ihrfl.fsmIf dw.IIsfl
42 Il.otnk .1103 aN III260TDIAL COMMEACIAL 22 do.tIi OPI t..fl 45 S.ifl$IM 64 14.0144 11071 6...I.jl.
03 d.iy f..44 ....1 .46 00 ..1.46 24 111 I.46p1 47 .fI bldgI ..y 05 1464 .II/.-o ph ..46.ii..
04 p..Iy I..1.464 41.1 01 04-14 f..iIy .p.35 .46464 A.p .o 44 .f$l./f 47...lk op NO C..41041.4 .4
05 6.f..-25 fU h...f ..f 02 30.39 f..oIy 36...o.o.hp.40 ffi .1 47.I..I 02 C...k.no..I ..pI.n.d.5.99.9.o
44 4441.11 Iv..30 .46..I .o.bl 03 40..f.jIl 27 q...I h.p s..52 .oI ..o.l.i $0 ...o I.1IILA lpl.II.d 0.14.97
07 1.4..f.40 light .l .....hI IN .46.I/I..tl.I.hi.29 .16 ..lIa SO or .fl ..l i...II 1..tj opI.lt.d 20.24.99.0
Ni .o.....10 146 ..ob.ii 6.1.1 35 I...d/.54 .o...I ....C......t..44141146 30.34.97.0
4$o..M..40 .4 frlkl4t6..la 22 4.11.1 6.../6..pl.I 35 do.i.o.I 55 to.
LAND DATA 064020.11044
2.4.54.967 4611 6114.LAND 1246 Fo.11111.p.C.5 V.1.
Lo.I IM.o 7aff ______0/_______NIgh II..4.La ______________
P.....y 1.4/C.01$0/
_________________0.i.o.d.y iN/C Ii.
i4611.g ItIofihy Op.1111.11 I__________________
0..-pp jl 4V L_________r 1_/77Lo
I..d 4.1 hb..k.H 0...60
_______
Ti Ti
______ ________________ ______
VOTAL 2101 ASH LAOS VALUE
546672 01040 ADD $474
r_____________
PROPERTY RECORD
rT -r
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APPENDIX
Letter from Roy Weston Inc
to
Robert Cappiello IDEM
100 CORPORATE NORTH SUITE 101
tTPNT P11E
ROUTE 22 AND LAKESIDE DRIVE
6ANNOCKBURN ILLINOIS 60015
June 1988
Mr Robert Cappiello
Project Manager
State Clean Up Section
Indiana Department of Environmental Management
5500 Bradbury Avenue
Indianapolis IN 46241 W.O 39780301
Subject Site Investigation
Avanti Manufacturing Facility
South Bend Indiana
Dear Mr Cappiello
On June 1988 WESTON conducted site investigation of the
New Avanti Manufacturing Facility located at 726 South
Lafayette St South Bend Indiana This letter serves to
sunuisarize the findings of the investigation specifically
the amount of drums their conditions volumes and any
markings indicating potential responsible parties and con
tents
During the inspection approximately 245 55gallon drums were
observed to be located behind the facility Of these drums
Approximately 200 had material in them
Approximately 75%189 of the drums
were sealed
Approximately 75%189 are rusted
however in fair to good condition
Approximately 15%30 of the drums
structual condition may make movement
difficult and
Approximately 10%of the drums are
bulged
Also during this inspection any markings on the drums werenotedManyofthedrumshadsomemarkingsonthem Mark
ings observed on these drums seemed to indicate potential
responsible parties and contents The following is list of
PRPs identified during the inspection
C02l8
Mr Robert Cappiello June 1988
Quaker State
Renco
AMOCO
Kendall
Avanti Motor Corp South Bend 1N
Freeman Port Washington Wiscs
GLSCO Chicago IL
Dupont
CHEMSOLV South Bend IN
Sherwin Williams
Ashland Chemical
Several drums also had hazardouswaste stickers on them
These stickers dated July 1984 identified Avanti Motor
Corps South Bend IN as the generator and the waste as
Dichioromethane Other markings on the drums included
Thinner
Paint Thinner
Machine Wash
Water
Paint
Drain oil
Wash Solvent
Resin Solution
Flammable liquid /1
Methylene Chloride
C0218
Mr Robert Cappiello June 1988
Polyester
Glycol ether acetate
As you know even though these drunis have markings on them
their exact contents are unknown
Per your request for PRP search purposes copy of this
letter has been forwarded to Mr Steve Nyc EIS Environ
mental Engineers Inc South Bend IN
Should you have any questions or require any additional
information concerning this matter please contact us
Very truly yours
ROYCJOLC
Curtis ichols
Associate Project Scientist
James Burton P.E
Project Manager
CB1/JMB/iec
cc Mr Steve Nyc EIS Envirorunental Engineers Inc
C02l8
APPENDIX
Articles of Incorporation and Amendments Thereto
Form SSC-O1
Stat Form 4158
STATE OF INDIANA
OFFICE OF THE SECRETARY OF STATE
CERTIFICATE OF INCORPORATION
OF
EDWIN SIMCOX Secretary o.f State of Indiana hereby certify that Articles of
Inco rpo rat ion of the abore Corporation in the form prescribed by my office prepared and signed in
duplicate by the incorporators and acknowledged and rerified by the same hare been presented to
me at my office accoinp ied by the fees prescribed by Ian that ha refound snch rticles conform to
Iatr thatlhare endorsed my approral upon the duplicate copies of such Articles that alifeeshare
been paid as required by late that one copy of such Articles has been filed in my office and that the
remaining copy of such rticles bea ring the endorsement of rn approval ndfilingha.s been returned
by tue to the incorporators or histheir representatites all as pescri bed by the provisions of the
INDIANA .GENP2\L CPDRZ.IION AcT
as amended
NOW THEREFORE hereby issue to such Corporation thin Certificate of Incorporation and
further certify that its corporate existence has begun
LAAAA
In Witness Whereof have hereunto sd my hand and affixed
the teal of the State of Indiana at the City of Indianapolis
this 27th day of
Serterrber 82
19
EDWIN SIMCOX Secretary of State
.-By
Deputy
yyyyy
ARTICLES OF INCORPORATION to
OF
AMW INC
The undersigned incorporator or incorporators desiring
to form corporation hereinafter referred to as the Corporationpursuantto the provisions of the Indiana General Corpo
ration Act as amended hereinafter referred to as the Act
execute the following Articles of Incorporation
ARTICLE
Name
The name of the Corporation is
ANW INC
ARTICLE II
Purposes
The purposes for which the Corporation is formed are
For pecuniary profit and to transact any and
all lawful business for which corporation may be in
corporated under this Act
Subject to any limitation or restriction im
posed by the Act any other law of this State or any
provisions of these Articles of Incorporation the Cor
poration shall have the power
To do everything necessary ad
visable or convenient for the accomplishment
of any of the purposes hereinbefore set
forth or which shall at any time appear
conducive to or expedient for the protection
or benefit of the Corporation and to do all
other things incidental thereto or connected
therewith which are not forbidden by law
ii To carry out the purposes herein
before set forth in any state territory
district or possession of the United States
or in any foreign country and
-1-
iii To have the capacity to act pos
sessed by natural persons and to exercise and
enjoy all rights privileges and powers
granted to corporations organized pursuant to
the Act and all rights privileges and
powers granted by all acts heretofore or
hereafter amendatory or supplemental to the
Act
ARTICLE III
Period of Existence
The period during which the Corporation shall continue
is perpetual
ARTICLE IV
Resident Agent and Principal Office
Section Principal Office The post office address
of the principal office of the Corporation is
6th Floor
1st Source Bank Building
South Bend Indiana 46601
Section Resident Agent The name and post office
address of the Resident Agent is
Corporation System
1011 Merchants Bank Building
Indianapolis Indiana 46204
ARTICLE
Shares
Section Number
The total number of shares which the Corporation
has authority to issue is 1000 of capital stock
The number of such shares which the Corporation
designates as having par value is 1000 with par value of
$100.00
The number of such shares which the Corporation
designates as without par value is none
-2-
Section Terms
Classes There shall be one class of shares of
capital stock of the Corporation namely common stock
Relative Rights All of such shares shall have the
same rights preferences limitations and restrictions
Voting Rights Each shareholder of the Corporation
shall have the right to one vote for each share of stock standing
in his name on the books of the Corporation on each matter sub
mitted to vote at any meeting of the shareholders No share
shall be voted at any meeting upon which any installment is due
and unpaid or which belongs to the Corporation
Other Rights Shares of capital stock of the Cor
poration may be issued by the Corporation for such amount of
consideration as may be fixed from time to time by the Board of
Directors without authorization or approval of the Shareholders
and may be paid in whole or in part in money in other property
tangible or intangible or in labor actually performed for or
services actually rendered to the Corporation The shares of the
capital stock of the Corporation which qualify as Section 1244
stock under Section 1244 of the Internal Revenue Code of 1954
as amended shall be issued pursuant to and subject to Section
1244 of the Internal Revenue Code of 1954 as amended
ARTICLE VI
Requirements Prior to Doing Business
The Corporation will not commence business until con
sideration of the value of at least $1000.00 has been received
for the issuance of shares
ARTICLE VII
Directors
Section Number of Directors The initial Board
of Directors of the Corporation shall be composed of one
member The number of directors shall be fixed from time to time
by the By-Laws of the Corporation at any number In the absence
of By-Laws fixing the number of directors the number shall be
three Directors need not be shareholders of the Corporation
Section Name and Post Office Address of the Direc
tor The name and post office address of the first Board of
Directors of the Corporation are
-3
Number and Street Zip
Name or Building State Code
Stephen Blake 2828 Pennsylvania Ave N.W
Suite 200 Washington D.C 20007
ARTICLE VIII
Incorporator
The name and post office address of the incorporator of
the Corporation are
Number and Street Zip
Name or Building State Code
Stephen Blake 2828 Pennsylvania Ave N.W
Suite 200 Washington D.C 20007
ARTICLE IX
Provisions for Regulation of Business
and Conduct of Affairs of Corporation
Any meeting of shareholders may be held within or
without the State of Indiana as may be fixed by the Board of
Directors
Any contract or other transaction between the Cor
poration and one or more of its directors or between the Corpo
ration and any firm of which one or more of its directors are
directors officers or employees or in which they are financial
ly interested or between the Corporation and any corporation or
association of which one or more of its directors are sharehold
ers members directors officers or employees or in which they
are financially interested shall be valid for all purposes not
withstanding the presence of such director or directors at the
meeting of the Board of Directors of the Corporation or com
mittee thereof which acts upon or in reference to such contract
or transaction and notwithstanding his or their participation in
such action if the fact of such interest shall be disclosed or
known to the Board of Directors or committee and the Board or
committee shall nevertheless authorize approve or ratify such
contract or transaction by vote of majority of the directors
present without counting the votes of such interested direc
tors The above provisions shall not be construed to invali
date any contract or other transaction which would otherwise be
valid under the common or statutory law applicable thereto
Any person who is or was director officer em
ployee or agent of the Corporation or is or was serving at the
-4-
request of the Corporation as director officer employee or
agent of another corporation partnership joint venture trust
or other enterprise shall be indemnified saved harmless and
defended by the Corporation against expenses including attor
neys fees reasonably incurred by him and not covered by insur
ance in connection with the defense of any action suit or pro
ceeding civil or criminal in which he is made or threatened to
be made party by reason of being or having been in any such
capacity or arising out of his status as such except in relation
to matters as to which he is adjudged in such action Suit or
proceeding civil or criminal to be liable for negligence or
misconduct in the performance of his duties to the Corporation
The Corporation may also reimburse any such director officer
employee or agent past or present for the reasonable cost of
settlement of any such action Suit or proceeding if it shall be
found by majority of the directors not involved in the matter
in controversy whether or not quorum that it is or was to the
best interests of the Corporation that such settlement be made
and that such director officer employee or agent was not guilty
of negligence or misconduct in the performance of his duties to
the Corporation Provided however that such indemnification
and reimbursement shall not be deemed exclusive of any other
rights to which those indemnified may be entitled under any pro
vision of the Articles of Incorporation By-Laws resolution or
other authorization heretofore or hereafter adopted after notice
by majority vote of all the voting shares then issued and Out
standing
The Corporation shall have the power to purchase and
maintain insurance on behalf of any person who is or was direc
tor officer employee or agent of the Corporation or of another
corporation partnership joint venture trust or other enter
prise for which he served as such at the request of the Corpora
tion against any liability asserted against him and incurred by
him in any such capacity or arising out of his Status as such
whether or not the Corporation would have the power to indemnify
him against such liability under the provisions herein
The Corporation shall have the right and power
exercisable by authorization and approval of the Board of Direc
tors to purchase take receive or otherwise acquire its own
shares to the extent of unreserved and unrestricted earned sur
plus and unreserved and unrestricted capital surplus
available
therefor and without authorization or approval of the sharehold
ers of the Corporation
The By-Laws of the Corporation may contain such
additional or supplemental provisions for the regulations of the
business and conduct of the affairs of the Corporation as deter
mined by the Board of Directors from time to time
The Corporation reserves the right to amend alter
change or repeal any provision contained in these Articles of
Incorporation in the manner now or hereafter prescribed by the
-5-
Act or any other pertinent law and all rights and powers hereby
conferred are subject to this reserved power
The Board of Directors may from time to time dis
tribute to its shareholders out of capital surplus of the Corpo
ration portion of its assets in cash or property without
authorization or approval of the shareholders of the Corporation
but subject to such limitations as may be imposed by law
IN WITNESS WHEREOF the undersigned being the incor
porator designated in Article VIII ecutes these Articles of
Incorpkrion and certifies to the ruth of facts statedthisdayofSeptember
STATE OF INDIANA
SS
COUNTY OF ST JOSEPH
the undersigned Notary Public duly commissioned
to take acknowledgments and administer oaths in the State of
Indiana certify that Stephen Blake being the incorporator
referred to in Article VIII of the foregoing Articles of Incor
poration personally appeared before me acknowledged the exe
cution thereof and swore to the truth of the facts therein
stated
WITNESS my hand and Notarial Seal this day of
September 1982
i1fl2A1f otaryblic
and resident of St Joseph thty
Indiana
My Commission Expires
PY
This instrument was prepared by John Greeley Attorney-at-Law
Sixth Floor First Bank Building South Bend Indiana 46601
-6-
State Forn 39074
Re 12-79
STATE OF INDIANA
CFFICE OF THE SECRETARY OF STATE
CERTIFICATE OF MERGER
To Whom These Presents Come Greeting
WHEREAS there have been presented to this office for filing duplicate copies of Articles of Merger
merging
Corporation State of Incorporation Date of Incorporation/Admission
AMW INO DELAWARE NOT ADMITTED
the non-survivors into
INC
an Indiana Corporation the survivor which corporation shall hereinafter be designated as
ANW INC
NOW THEREFORE EDWIN SIMCOX Secretary of State of Indiana do hereby certify that
have this day endorsed my approval upon the duplicate copies of the Articles of Merger so presented
and having received the fees required by law have filed one copy in this office and returned the other
to the corporation
The effective date of the merger is OCTOBER 1982
In Witness Whereof have hereunto set ray hand
and affixed the seal of the State of Indiana at the
City of Indianapolis this day of
I9.
_f
ED WIN SIMCOX Secretary of State
By
Deputy
Try
APP3VED
AND ARTICLES OF MERGER OF
FILED AMW INC DELAWARE CORPORATION
OCTO 11982
AMW INC AN INDIANA CORPORATION
CIATEOp
In compliance with the requirements of The Indiana
General Corporation Act hereinafter referred to as the Act
the undersigned corporation desiring to effect merger
hereby certifies that
ARTICLE
SURVIVING CORPORATION
The name of the corporation surviving the merger
is
AMW INC
and such name has not been changed as result of the merger
The surviving corporation is domestic corpora
tion existing pursuant to the provisions of the Act
ARTICLE II
PLAN AND JOINT AGREEMENT OF MERGER
The Plan and Joint Agreement of Merger containing the
title parties terms and conditions is set forth in Exhibit
attached hereto and made part hereof
ARTICLE III
MANNER OF ADOPTION AND VOTE
The manner of adoption and vote by which the plan of
merger was approved by each domestic corporation party to the
merger is as follows
Action by Domestic Surviving Corporation AMW Inc
Action by Directors
By unanimous written consent executed on Septem
ber 30 1982 signed by all of the members of the Board of
Directors of the abovenamed domestic corporation resolution
was adopted approving the Plan and Joint Agreement of Merger
and directing that it be submitted to the shareholder of said
corporation entitled to vote in respect thereof at meeting of
such shareholder to be held fifteen 15 days after the date of
the written consent resolutions unless the same were so ap
proved prior to such date by unanimous written consent
Action by Shareholder
By unanimous written consent executed on Septem
ber 1982 signed by the holder of shares of the Cor
poration being all of the shares of the Corporation entitled
to vote in respect to Plan and Joint Agreement of Merger the
shareholder authorized the adoption of the Plan and Joint
Agreement of Merger by such corporation
Subsequent Action by Directors
Since the shareholder of the abovenamed domestic
corporation voted unanimously in favor of the Plan and Joint
Agreement of Merger no subsequent action by the Board of Di
rectors of such corporation was required resolution antici
pating unanimous approval was duly adopted by the Board of
Directors of such corporation in conjunction with the resolu
tions approving the Plan and Joint Agreement of Merger which
authorized the execution thareof by the undersigned President
and Secretary of such corporation without further action by
the Board of Directors
Compliance with Legal Requirements
The manner of the adoption of the Plan and Joint
Agreement of Merger and the vote by which it was adopted con
stitute full legal compliance with the provisions of the Act
the Articles of Incorporation and the ByLaws of the above
named domestic corporation
ARTICLE IV
REPRESENTATIONS BY FOREIGN CORPORATION
PARTY TO THE MERGER
AMW Inc Delaware corporation does hereby
represent that the Plan and Joint Agreement of Merger was
authorized adopted or approved as the case may be in ac
cordance with the laws of the State of Delaware
ARTICLE
STATEMENT OF CHANGES MADE WITH RESPECT
TO INCREASE IN AUTHORIZED SHARES
OF SURVIVING CORPORATION
Total Number of Shares of the Surviving
Corporation Authorized After Giving Effect
to this Merger 1000
Total Number of Shares of the Surviving
Corporation Prior to this Merger 1000
Net Increase in Authorized Shares NONE
Aggregate of all Shares of the Non
Surviving Domestic Corporation Authorized NONE
Authorized Share Increase
IN WITNESS WHEREOF each undersigned corporation has
caused these Articles of Merger to be signed by duly author
ized officer acting for and on behalf of such corporation and
each of such corporations certifies to the truth of the facts
and acts relating to it and the action taken by its Board of
Directors and
Shareholde
Dated this _____day of September 1982
AMW IN Delaw orporation
Stephe Blake
Its President
Corporation
STATE OF INDIANA
SS
ST JOSEPH COUNTY
the undersigned Notary Public duly commissioned
to take acknowledgments and administer oaths in the abovecap
tioned State hereby certify that the abovesigned officer of
the abovenamed corporation personally appeared before me
acknowledged his execution of the foregoing Articles of Merger
and swore or attested to the facts therein stated
Witness my hand and notarial seal this 30th day of
September 1982
Caro GiJ.son Notary Public
Resident of St Joseph County
Indiana
My Commission Expires
January 20 1986
AMW INC an Indiana corporation
tephen Blake
Its President
Corporation
STATE OF INDIANA
SS
ST JOSEPH COUNTY
the undersigned Notary Public duly commissioned
to take acknowledgments and administer oaths in the abovecap
tioned State hereby certify that the abovesigned officer of
the abovenamed corporation personally appeared before me
acknowledged his execution of the foregoing Articles of Merger
and swore or attested to the facts therein stated
Witness ray hand and notarial seal this 30th day of
September 1982
Carol Gilson Notary Public
Resident of St Joseph County
Indiana
My Commission Expires
January 20 1986
PLAN AND JOINT AGREEMENT OF MERGER
_FThis Plan and Joint Agreement of Merger is hereby en
tered into by and between AMW INC an Indiana corporation
hereinafter referred to as the Surviving Corporation and
AMW INC Delaware corporation hereinafter referred to as
the Merging Corporation
WITNESSETH
WHEREAS the Surviving Corporation is an Indiana cor
poration organized and existing under the laws of the State of
Indiana with principal offices located in South Bend Indiana
WHEREAS the Merging Corporation is Deleware corpo
ration organized and existing under the laws of the State of
Deleware with principal offices located in D.C
WHEREAS the Surviving Corporation has authorized cap
ital stock of one thousand 1000 shares consisting of one
thousand 1000 shares of One Hundred Dollars $100.00 par
value conunon stock and there are presently issued and out
standing shares
WHEREAS the Merging Corporation has authorized
capital stock of three million 3000000 shares of One Dollar
$1.00 par value common stock of which one million nine
hundred twenty thousand 1920000 shares are presently issued
and outstanding and two million 2000000 shares of .01
par value preferred stock of which there are no shares issued
and outstanding
WHEREAS the Board of Directors and shareholders of
the Surviving Corporation and the Merging Corporation have de
termined that it is advisable and generally to the advantage
and welfare of the respective corporations and its shareholders
that the Merging Corporation be merged with and into the Sur
viving Corporation on the terms herein set forth
NOW THEREFORE in consideration of the mutual prom
ises agreements and covenants herein contained and other good
and valuable consideration the receipt of which is hereby ac
knowledged the Surviving Corporation and the Merging Corpora
tion do hereby agree to merge upon the following terms and con
ditions
ARTICLE
NAME OF THE CORPORATION PROPOS1NG TO MERGE
AND THE NAME OF THE CORPORATION INTO WHICH
SUCH CORPORATION PROPOSES TO MERGE
Section Names of Merging and Surviving Corporations
AMW INC Deleware corporation shall be merged into
AMW INC an Indiana corporation
ARTICLE II
MERGER AND THE MANNER OF CARRYING
SAID MERGER INTO EFFECT
Section Conditions Precedent to the Consummation of the
Merger by the Surviving Corporation
If at the closing the following conditions are satis
fied the Surviving Corporation will be obligated to consummate
the merger in accordance with the terms hereby
The Surviving Corporation shall be furnished at
the closing With an opinion of counsel for the Merging corpora
tion in form satisfactory to counsel for the Surviving Corpora
tions as to the sufficiency legality and regularity of all
proceedings of the directors and shareholders of the Merging
Corporation taken for the purpose of approving adopting and
effectuating this Plan and Joint Agreement of Merger ii that
when the merger is consummated in accordance with the provi
sions of this Plan and Joint Agreement of Merger it will con
stitute legal valid and effective merger of the Merging Cor
poration into the Surviving Corporation as herein contemplated
and iii that the Surviving Corporation will immediately
after the effective date of merger be fully vested with all
right title and interest of the Merging Corporation in and to
the Merging Corporations assets of every kind and nature the
Merging Corporations going business and goodwill and will be
vested with title to the property transferred pursuant thereto
subject to any existing liens and encumbrances
Section Further Conditions of Closing
If the Board of Directors of the Surviving Corporation
or the Merging Corporation shall determine prior to the effec
tive date of merger that it is inadvisable or impractical to
consummate the merger such Board of Directors in any such case
without action or approval of their respective shareholders may
abandon or refrain from making effective the contemplated
merger as set forth herein and in such case this plan and Joint
Agreement of Merger shall be void and have no effect
section Closing
The closing of this merger shall be held at such time
and place as may be agreed upon by the presidents of the Merg
ing Corporation and the Surviving Corporation At the closing
the proper officers of the Surviving Corporation and the Merg
ing Corporation shall execute on behalf of each corporation
respectively Articles of Merger as required by the Secretary
of State of the State of Indiana and the proper officers of
the Merging Corporation shall execute and deliver to the Survi
ving Corporation such specific assignment or other documents
for transfer of assets as counsel for the Surviving Corporation
shall reasonably request
ARTICLE III
MANNER AND BASIS OF CONVERTING TIlE SHARES
OF TIlE CAPITAL STOCK OF THE MERGING
CORPORATION AND THE SURVIVING CORPORATION
INTO SHARES OF THE SURVIVING CORPORATION
Section Shares of the Surviving Corporation
The holder of each share of the common capital stock
of the Surviving Corporation immediately prior to the effective
date of the merger shall remain the holder immediately after
the effective date of the merger of an identical number of
shares of coiamon capital stock of the Surviving Corporation
Section Shares of Merging Corporation
Upon the effective date of the merger each hold
er of common capital stock of Merging Corporation shall be en
titled to receive .OOo32 shares of the One Hundred Dollars
$100.00 par value common capital stock of the Surviving
Corporation
At or immediately following the effective date of
the merger each holder of an outstanding certificate or certi
ficates which prior thereto represented shares of the Merging
Corporations common stock shall surrender same to the Surviv
ing Corporation or its designated agent and each such holder
shall be entitled upon such surrender to receive in exchange
therefor certificate or certificates representing the number
of shares of the Surviving Corporations common stock into
which the certificate or certificates so surrendered shall have
been converted as aforesaid Until surrendered to and can
celled by the Surviving Corporation each certificate which
prior to the effective date of the merger represented outstand
ing shares of the Merging Corporations common stock shall be
deemed for all corporate purposes to evidence the number of
shares of the Surviving Corporations common stock into which
the same shall have been converted
ARTICLE IV
RESTATEMENT OF THE ARTICLES OF INCORPORATION
OF THE SURVIViNG CORPORATION
Section Articles of Incorporation of the Surviving Cor
poration
Upon the effective date of the merger the Articles of
Incorporation of the Surviving Corporation will be restated as
follows and such restated Articles shall supersede and take the
place of the theretofore existing Articles of Incorporation
Stte Fornl 39079
SS-C51
Re 12-79
STATE OF INDIANA
OFFICE OF THE SECRETARY OF STATE
CERTIFICATE OF ASSUMED NAME
To Whom These Presents Come Greeting
WHEREAS there has been presented to me at this office by
AMW INC
an Indiana corporation certificate that said corporation is doing business under the assumed
business names of
AVANT MOTOR CORPORATION
said certificate having been prepared and signed in accordance with the requirements of Indiana law
and having been filed with the Office of the Recorder of ST JOSEPH County
WHEREAS upon due examination find that the same conforms to law NOW THEREFORE
EDWIN SIMCOX hereby certify that have this day endorsed my approval on such certificate
of assumed business name and having received the fees required by law have filed such certificate
in this office bearing the endorsement of my approval of said assumed business name
_kAAAAA4
In Witness Whereof have hereunto set my hand
and affixed the seal of the State of Indiana at the
City of Indianapolis this day of
October 82
19
EDWIN SIMCOX Secretary of State
By
Deputy
WV VVV
sz47
NAME Q-2J 1997
STATE OF INDIANA lr
----
ST JOSEPH COUNTY
THIS CERTIFIES that the undersigned AMW INC an
Indiana corporation is conducting and transacting business
at 765 Lafayette Boulevard South Bend Indiana 46623 in the
County of St Joseph and State of Indiana under the name and
style of AVANTI MOTOR CORPORATION that the principal office of
the corporation is located at 6th Floor 1st Source Bank Build
ing South Bend in the State of Indiana and that the full
name of the corporation is AMW INC
WITNESS my hand and seal this _____day of October
1982
AZ4W INC
By
Filed and Recorded this _____day of October 1982 ________
_______________________________Recorder
By -Deputy
L4 4LLSOP
Ths C---
Our Pr cu Cr
Effective -82
SSC-32
State or 37020
STATE OF INDIANA
OFFICE OF THE SECRETARY OF STATE
7/I
CERTIFICATE OF AMENDMENT oq 7-
Cl
2YP IC
EDWIN SIMCOX Secretary of State of Indiana hereby certify that Articles of
Amendment for the above Corporation have been filed in the form prescribed by my office
prepared and signed in duplicate in accordance with Chapter Four of the Indiana General Corporation
Act IC 23-1-4 The name of the corporation is amended as fo11ows
AVANTI TO CORrORATION
NOW THEREFORE upon due examination Ifind that the Articles of Amendment conf orm
to law and have endorsed my approval upon the duplicate copies of such Articles that all fees
have been paid as required by law that one copy of such Articles has been filed in my office and
that the remaining copy of such Articles bearing the endorsement of my approval and filing has
been returned by me to the Corporation
In Witness Whereof have hereunto set my hand and affixed
the seal of the State of Indiana at the City of Indianapolis
this 1St day of
___________________________November 19__82
EDWIN SIMCOX Secretary of State
--By
Deputy
.-yyvyvyyw
APPROVED
A40
FILEr ARTICLES OF AMENDMENT
r4vo 982 OF THE
ARTICLES OF INCORPORATION
OF
AMW INC
The undersigned officer of AMW Inc hereinafter re
ferred to as the Corporation existing pursuant to the provi
sions of the Indiana General Corporation Act as amended here
inafter referred to as the Act desiring to give notice of
corporate action effectuating amendment of certain provisions
of its Articles of Incorporation certifies the following
facts
ARTICLE
Text of the Amendment
The exact text of Articles and IV of the Articles of
Incorporation of the Corporation as amended hereinafter re
ferred to as the Amendment now is as follows
ARTICLE
Name
The name of the Corporation is
AVANTI MOTOR CORPORATION
ARTICLE IV
Resident Agent and Principal Office
Section Principal Office The post office address
of the principal office of the Corporation is
765 South LaFayette Boulevard
South Bend Indiana 46623
Section Resident Agent The name and post office
address of the Resident Agent is
CT Corporation System
1011 Merchants Dank Building
Indianapolis Indiana 46204
ARTICLE II
Manner of Adoption and Vote
Section Action by Directors
The Board of Directors of the Corporation at meet
ing thereof duly called constituted and held on October
1982 at which quorum of such Board of Directors was present
duly adopted resolution proposing to the Shareholders of the
Corporation entitled to vote in respect of the Amendment that
the provisions and terms of Articles and IV of the Articles
of Incorporation of the Corporation be amended so as to read as
set forth in the Amendment and meeting of such shareholders
was called to be held thirty 30 days after the date of said
Board of Directors meeting to adopt or reject the Amendment
unless the same were so approved prior to ouch date by unani
mous written consent
Section Action by Shareholders
By written consent last executed on October 28 1982
and signed by the holders of 372 shares of the Corporation
being all of the shares of the Corporation entitled to vote in
respect of the Amendment the Shareholders adopted the Amend
ment
Section Compliance with Legal eguirements
The manner of the adoption of the Lmendment and the
vote by which it was adopted constitute full legal compliance
with the provisions of the Act the Articles of Incorporation
and the ByLaws of the Corporation
ARTICLE III
Statement of Changes Made With Respect to Any Increase
In The Number of Shares Heretofore Authorized
Aggregate Number of Shares
Previously Authorized 1000
Increase N/A
Aggregate Number of Shares
To Be Authorized after Effect of this Amendment 1000
IN WITNESS WHEREOF the undersigned officer executes
these Articles of Amendment of the Articles of Incorporation of
the Corporation and certifies to the truth of the facts herein
stated this day of L--1982
Lt--
Stplie Blake
President and Secretary
STATE OF INDIANA
SS
COUNTY OF ST JOSEPH
the undersigned Notary Public duly commissioned
to take acknowledgements and administer oaths in the State of
Indiana certify that Stephen Blake the President and Sec
retary of the Corporation the officer executing the foregoing
Articles of Arnendrient of the Articles of Incorporation person
ally appeared before me acknowledged the execution thereof
and swore or attested to the truth of the facts therein stated
Witness my hand and Hotarial Seal this 2day of
___________1982
Hotary Public
My Commission Expires My County of Residence is
L7 ///7 _$_7__
This instrument was prepared by John Greeley Attorneyat
Law Sixth Floor First Bank Building South Bend Indiana
46601
RESTATED ARTICLES OF INCORPORATION
OF
AMW INC
The Articles of Incorporation of AMW Inc herein
after referred to as the Corporation pursuant to the provi
sions of The Indiana Corporation Act as amended hereinafter
referred to as the Act are hereby restated in their en
tirety as follows
ARTICLE
Name
The name of the Corporation is
AMW INC
ARTICLE II
Purposes
The purposes for which the Corporation is formed are
For pecuniary profit and to transact any and
all lawful business for which corporation may be in
corporated under this Act
Subject to any limitation or restriction im
posed by the Act any other law of this State or any
provisions of these Articles of Incorporation the
Corporation shall have the power
To do everything necessary advis
able or convenient for the accomplishment of
any of the purposes hereinbefore set forth
or which shall at any time appear conducive
to or expedient for the protection or bene
fit of the Corporation and to do all other
things incidental thereto or connected
therewith are not forbidden by law
ii To carry out the purposes herein
before set forth in any state territory
district or possession of the United States
or in any foreign country and
iii To have the capacity to act pos
sessed by natural persons and to exercise
and enjoy all rights privileges and powers
granted to corporations organized pursuant
to the Act and all rights privileges and
powers granted by all acts heretofore or
hereafter amendatory or supplemental to the
Act
ARTICLE III
Period of Existence
The period during which the Corporation shall continue
is perpetual
ARTICLE IV
Resident Agent and Principal Office
Section Principal Office The post office address
of the principal office of the Corporation is
6th Floor
1st Source Bank Building
South Bend Indiana 46601
Section Resident Agent The name and post office
address of the Resident Agent is
CT Corporation System
1011 Merchants Bank Building
Indianapolis Indiana 46204
ARTICLE
Shares
Section Number
The total number of shares which the Corporation
has authority to issue is 1000 of capital stock
The number of such shares which the Corporation
designates as having par value is 1000 with par value of
$100.00
The number of such shares which the Corporation
designates as without part value is none
Section Terms
Classes There shall be one class of shares of
capital stock of the Corporation namely common stock
Relative Rights All of such shares shall have
the same rights preferences limitations and restrictions
Voting Rights Each shareholder of the Corpora
tion shall have the right to one vote for each share of stock
standing in his name on the books of the Corporation on each
matter submitted to vote at any meeting of the shareholders
No share shall be voted at any meeting upon which any install
ment is due and unpaid or which belongs to the Corporation
Other Rights Shares of capital stock of the Cor
poration may be issued by the Corporation for such amount of
consideration as may be fixed from time to time by the Board of
Directors without authorization or approval of the Share
holders and may be paid in whole or in part in money in
other property tangible or intangible or in labor actually
performed for or services actually rendered to the CorporationThesharesof the capital stock of the Corporation which
qualify as Section 1244 stock under Section 1244 of the In
ternal Revenue Code of 1954 as amended shall be issued pur
suant to and subject to Section 1244 of the Internal Revenue
Code of 1954 as amended
ARTICLE VI
Requirements Prior to Doing Business
The stated capital upon the effective date of merger
is at least $1000.00
ARTICLE VII
Directors
Section Number of Directors The initial Board of
Directors of the Corporation upon the effective date of merger
shall be composed of one member Thereafter the number of
directors shall be fixed from time to time by the ByLaws of
the Corporation at any number not less than one In the
absence of ByLaws fixing the number of directors the number
shall be three Directors need not be shareholders of the
Corporation
Section Names and Post Office Addresses of the
Directors The name and post office address of the Board of
Directors of the Corporation holding office upon the effective
date of merger are
Number and Street Zip
Name or Building State Code
Stephen Blake 2828 Pennsylvania NW Washington DC 20007
Suite 200
ARTICLE VIII
President and Secretary
The names and post office addresses of the President
and Secretary of the Corporation are
Number and Street Zip
Name and Office or Building j State
Stephen Blake 2828 Pennsylvania N.W Washington DC 20007
President Suite 200
Secretary
ARTICLE IX
Provisions for Regulation of Business
and Conduct of Affairs of Corporation
Any meeting of Shareholders may be held within or
without the State of Indiana as may be fixed by the Board of
Directors
Any contract or other transaction between the Cor
poration and one or more of its directors or between the Cor
poration and any firm of which one or more of its directors are
directors officers or employees or in which they are financi
ally interested or between the Corporation and any corporation
or association of which one or more of its directors are share
holders members directors officers or employees or in which
they are financially interested shall be valid for all pur
poses notwithstanding the presence of such director or direc
tors as the meeting of the Board of Directors of the Corpora
tion or committee thereof which acts upon or in reference
to such contract or transaction and notwithstanding his or
their participation in such action if the fact of such in
terest shall be disclosed or known to the Board of Directors or
committee and the Board or committee shall nevertheless autho
rize approve or ratify such contract or transaction by vote
of majority of the directors present without counting the
votes of such interested directors The above provisions shall
not be construed to invalidate any contract or other transac
tion which would otherwise be valid under the common or statu
tory law applicable thereto
Any person who is or was director officer em
ployee or agent of the Corporation or is or was serving at the
request of the Corporation as director officer employee or
agent of another corporation partnership joint venture trust
or other enterprise shall be indemnified saved harmless and
defended by the Corporation against expenses including attor
neys fees reasonably incurred by him and not covered by in
surance in connection with the defense of any action suit or
proceeding civil or criminal in which he is made or threat
ened to be made party by reason of being or having been in
any such capacity or arising out of his status as such except
in relation to matters as to which he is adjudged in such ac
tion suit or proceeding civil or criminal to be liable for
negligence or misconduct in the performance of his duties to
the Corporation The Corporation may also reimburse any such
director officer employee or agent past or present for the
reasonable cost of settlement of any such action suit or pro
ceeding if it shall be found by majority of the directors not
involved in the matter in controversy whether or not quorum
that it is or was to the best interests of the Corporation that
such settlement be made and that such director officer em
ployee or agent was not guilty of negligence or misconduct in
the performance of his duties to the Corporation Provided
however that such indemnification and reimbursement shall not
be deemed exclusive of any other rights to which those indemni
fied may be entitled under any provision of the Articles of In
corporation ByLaws resolution or other authorixation hereto
fore or hereafter adopted after notice by majority vote of
all the voting shares then issued and outstanding
The Corporation shall have the power to purchase and
maintain insurance on behalf of any person who is or was
director officer employee or agent of the Corporation or of
another corporation partnership joint venture trust or other
enterprise for which he served as such at the request of the
Corporation against any liability asserted against him and in
curred by him in any such capacity or arising out of his status
as such whether or not the Corporation would have the power to
indemnify him against such liability under the provisions here
in
The Corporation shall have the right and power
exercisable by authorization and approval of the Board of Di
rectors to purchase take receive or otherwise acquire its
own shares to the extent of unreserved and unrestricted earned
surplus and unreserved and unrestricted capital surplus avail
able therefor and without authorization or approval of the
shareholders of the Corporation
10
The ByLaws of the Corporation may contain such
additional or supplemental provisions for the regulations of
the business and conduct of the affairs of the Corporation as
determined by the Board of Directors from time to time
The Corporation reserves the right to amend al
ter change or repeal any provision contained in these Articles
of Incorporation in the manner now or hereafter prescribed by
the Act or any other pertinent law and all rights and powers
hereby conferred are subject to this reserved power
The Board of Directors may from time to time
distribute to its shareholders out of capital surplus of the
Corporation portion of its assets in cash or property with
out authorization or approval of the shareholders of the Cor
poration but subject to such limitations as may be imposed by
law
ARTICLE
OTHER PROVISIONS WITH RESPECT TO PROPOSED
MERGER DEEMED NECESSARY OR DESIRABLE
Effect of the Merger Upon Surviving Corporation
Section Surviving Corporate Entity
Upon the effective date of merger the Merging Corpo
ration shall merge into and become part of the Surviving Cor
poration The name of the Surviving Corporation shall be AMW
Inc
Section Attributes and Property of the Surviving Corporation
Upon the effective date of the merger the Surviving
Corporation shall thereupon and thereafter possess all of the
rights privileges immunities powers and franchises of
public as well as of private nature of the Merging Corpora
tion and all property real personal and mixed and all debts
due on whatever account and all other choses in action and all
and every other interest of or belonging to or due to the Merg
ing Corporation hereto shall be taken and be transferred to and
11
vested in the Surviving Corporation without further act or
deed and the title to any property or any interest therein
under the laws of the State of Deleware vested in the Merging
Corporation shall not revert or be in any way impaired by
reason of such merger The proper officers of the respective
parties are authorized and directed from time to time as
occasion may arise to do all acts and execute and acknowledge
all deeds contracts assignments in writing and upon the
merger taking effect all assets property and franchises of
the Merging Corporation shall be deemed to be transferred and
vested in the Surviving Corporation without any deed assign
ment or other instrument of transfer The Surviving Corpora
tion shall upon the effective date of merger be responsible
and liable for all the liabilities and obligations of the Merg
ing Corporation in the same manner and to the same extent as if
the Surviving Corporation had incurred the same or contracted
therefor any claim existing or action or proceeding pending by
or against the Merging Corporation may be prosecuted to udg
ment as if such merger had not taken place or the Surviving
Corporation may be substituted in place of the Merging Corpora
tion The rights of creditors and any liens upon property of
the Merging Corporation shall not be impaired by the merger
but such liens shall be limited to the property upon which they
were liens immediately prior to the effective date of the
merger
12
ByLaws of the Surviving Corporation
Section ByLaws of the Surviving Corporation
The ByLaws of the Surviving Corporation shall be
amended in such respects as may be reasonably necessary to
carry out the terms of this Agreement
Section Board of Directors and Officers of the Surviving
Corporation
Upon the effective date of merger the Surviving Cor
poration shall have as its Board of Directors and its officers
those persons duly elected and serving as its directors and its
officers immediately prior to the effective date of merger
Such directors shall serve until the next annual meeting on the
shareholders or until their successors are elected and quali
fied Such officers shall serve until the next annual meeting
of the directors or until their successors are elected and
qualified
Capital of Surviving and Merging Corporations
Section Outstanding Shares Classes and Voting Rights
As of the date hereof the outstanding shares of the
Surviving Corporation and Merging Corporations are as follows
The outstanding shares of the Surviving Corpora
tion consist of oEt shares of common stock of One
Hundred Dollars $100.00 par value each of which shares is
entitled to one vote and
The outstanding shares of the Merging Corporation
consist of one million nine hundred twenty thousand 1920000
shares of common stock of One Dollar $1.00 par value each of
which shares is entitled to one vote
13
Cc The outstanding shares of the Surviving
Corporation and Merging Corporation are not entitled to vote as
class No change shall occur in the number of outstanding
shares set forth above prior to the effective date of merger
Section Stated Capital of Surviving Corporation
Upon the effective date of the merger the stated ca
pital of the Surviving Corporation shall be one thousand
1000 shares of capital stock consisting of one thousand
1000 shares of One Hundred Dollars $100.00 par value
common stock
Miscellaneous
Section Further Assurances
The parties hereto agree that they will cause to be
executed any further and additional documents or instruments as
may from time to time be reasonably required for the purpose of
consummating or carrying out the merger contemplated by this
Plan and Joint Agreement of Merger
Section Effective Date
The merger shall become effective upon the filing of
the Articles with the Secretary of State of the State of In
diana the date and time of such filing being referred to in
this Agreement as the Effective Dates but in no event shall
this effective date be prior to Oc.to4R 1982
14
EXECUTED this _______day of September 1982
AMW INC
an md na corp ration
By________
Stephen Blake
Its President and Secretary
SURVIVING CORPORATION
AMW INC
yAcoo
Stephen Blake
Its President
MERGING CORPORATIOI
STATE OF INDIANA
SS
ST JOSEPH COUNTY
Before me Notary Public in and for said County and
State this 30t1i day of September 1982 personally appeared
Stephen Blake the President and Secretary of AMW Inc an
Indiana corporation and as such officer and on behalf of such
corporation acknowledged the execution of the above and
foregoing Plan and Joint Agreement of Merger for the uses and
purposes therein mentioned
15
IN WITNESS WHEREOF have hereunto subscribed my name
and affixed my official seal
CarÆl Gilson Notary Public
Resident of St Joseph County
Indiana
My Commission Expires
January 20 1986
STATE OF INDIANA
SS
ST JOSEPH COUNTY
Before me Notary Public in and for said County and
State this 30th day of September 1982 personally appeared
Stephen Blake the President of AMW Inc Delaware
corporation and as such officer and on behalf of such corpora
tion acknowledged the execution of the above and foregoing
Plan and Joint Agreement of Merger for the uses and purposes
therein mentioned
IN WITNESS WHEREOF have hereunto subscribed my name
and affixed my official seal
zA
Carol Gilson Notary Public
Resident of St Joseph CountyIndiana
My Commission Expires
January 20 1986
This instrument was prepared by John Greeley Attorney at
Law Sixth Floor First Bank Building South Bend Indiana 46601
16
Corporate Crtthc4te No 12
Apol 1985
Sate FOrm 39049
STATE OF INDIANA
OFFICE OF THE SECRETARY OF STATE
CERTIFICATE OF ADMISSION
OF
THE NEW AVANTI MOTOR CORPORATION
FOREIGN CORPORATION
EDWIN SIMCOX Secretary of State of Indiana hereby certify that the Application for Admission to do
business in the State of Indiana of the above corporation in the form prescribed by my office prepared and signed
in duplicate by one current officer of the corporation and verified under oath by the officersigning the same has been
presented to me at my office accompanied by the fees prescribed by law that have found such Application conforms
to law that have endorsed my approval upon each of theduplicate copies of such Application that all fees have been
paid as required by law that one copy of such Application has been filed in my office together with an authenticated
copy of the Articles of Incorporation orAssociation of the corporation and that one copy of such Application bearing
the endorsement of my approval has been returned by me to the corporation or its representatives all as prescribed by
the provisions of the Indiana General Corporation Act as amended
further certify that
The name of this corporation is Th NEW AVANTI MOTOR ORPOMT.ION
It is incorporated under the laws of the state of Del aware
The location of its principal office in such state is12485 -Calioway Cemeta.r.y Rd
Street Euless City TX State
The name under which the corporation is to transact business in the State of Indiana if
different from above is
The character of business it is authorized to transact in Indiana is as follows
See Application for Admission Article IV Character of Business
A\APPLICATION COR ADMISSION
--OF FOREIGN CORPORATION
State Form 38784R Corporate Forrrr 112 February 1984
Prescribes by Edwin Slrncou Secretary of State of Indiana
InstructiOns Use 8V It inch paper for inserts
Present originally executed copies to
SECRETARY OF STATE IND.SECRETARY OF STATE
Room 155 Stat House
lrtdlsnapolis IN 48204
317.232.6576
AccordIng is no longer required ..-
FILtNG FEE SCHEDULE ON PAGE --
Must submit duly authenticated copy of tIre Articles of Incorporation with elI amndmento andtergers fcertlfied by
the proper authority in the state wherein the Corporation is domiciled
APPLICATION FOR ADMISSION
OF
THE NEW AVJNTI MOTOR CORPORATION
FOREIGN CORPORATION
TO DO BUSINESS IN THE STATE OF INDIANA
The undersigned officers 01 the above Delaware State of DomicIle
corporation which was formed as
2A General Business corporation Professional corporation
desiring to effectuate the admittance of the Corporation to do business In the State of Indiarta certify the following lasts
ARTICLE Name
The name of the Corporation is Must be identical to name shown in All ides of lincaparetian end Amendments thereto
THE NEW AVANTI MOTOR CORPORATION
ARTICLE II PrIncipal Office and ResIdent Agent
The address allis principal office or place of business outside the State of Indiana is Zip Cod
12485 Calloway Cemetary Rd Euless Texas 76019
TIre address allis proposed principal ottice or place of business in indlaaa Zip Code
One North Capitol Avenue Indianapolis Indiana 46204
he name of the Aesidenr Agent of the Corporation on whom satvide of legal process may be had In Indiana is
CORPORATION SYSTEM
The address Of such Agent if different than tIre address of the principal office in iadianal is
ARTICLE iii Admission let Other Stat.
he Corporation fran Seen admitted or is qualified to do business in the following stales
ARTICLE IV Character of Business
The character of business which the Corporation intends to carry on in Indiana is as follows
Manufacture of automobiles and all activities related thereto
IND 197 10/25/84
ARTICLE Corporate Officers
The narses and post-olfice oorotion are as follows
emn Office held bddress Street City and State Zi Cods
Michael Kelly President 12485 CallowayCemetary Rd Y6039
Lory Kelly V.P.Secy/Treas Euless Texas
David Rosenberg Asst Secy
ARTtCLE VI Board of Directors
The names and post.otfioe addresses of the Board of Directors of the Corporation are as follows
Michae1 Kelly Rd
Euless Texas
ARTICLE VIt Authorided Shares
The Corporation is aathorrzed to issue ohares ol all classes ol stock without par value
of which _______________shares are presently Issued and outstanding
The Corporation is authorized to issue 10000 shares of all classes of stock with par salue of
.10
per share of which 1000 shares are presently issued add outstanding.0
Totai Issued and Outstanding Shares
ARTICLE VIII Statement of ToIaI Business
SECTION FISCAL YEAR
April March 31
The fiscal year of the CorporatIon Is trots ______________________________to ______________________________both InclusIve
SECTION LAST FI5OAL YEAR
The total amount of business transacted by the CorporatIon daring its last complet fIscal yearwaa
SECTION CURRENT FISCAL YEAR
The estimated total amount of business tube ttas5acted by the Corporation dadsg Its currant fIscal year Is 000 000
SECTION NEXT FISCAL YEAR
The estimated total amount of business to be transaCted by the CorporatIon during Its nest saccasding fiscal pearls 000 000
ARTICLE IX St.tem.nI of IndIana Buetn.aa
Its estimated amount of builneus to be tranaseted bp the Corporation aSs from places of buainess is tndlaea during the
s000eedingtlacalyearIe 4000000
ARTICLE Statement of Total Tangible Property
SECTION LAST FISCAL YEAR to
The total amount of tangible property employed by the Corpotatlor during its last oomplete iiScal yeatwas apptosimateiy .....
SECTIONS CURRENT FISCAL TEAR
Thenstimalnd total amount ot tangible property to beernplOyed by the Corporation duting Its current fiscal year is _..............250 1000
SECIOt4 NEXT FISCAL YEAR
The estimated total amount of tangible property to be employed by the Corporation doting its nest succeeding tiscal year is ..._.350000
ARTICLE XI Statement of Indiana Tangible Property
The estimated amount of tangIble property to be employed by the Corporation in the Stalest Indiana during its next succeedIng
fisCal year is ................-................350 000
_______
ARTICLE XII Indiana Shares Formula
The tollowing oalculatiyy establishes the number of shares ot the Corporation that will be represented in Indiana during the nest succeeding ftscal pear
CL.ALISEIAI insert figure from Ariole IX
CLuUSEiBlnsent figure trorrrAtoOe 350000
CLAUSEIC add uiausen lafand 101
__________ __________________________________
CLAUSE CI nserr figure ibm Arlicln VIII Snction 8000000
CLAUSE IE nseft figure from toe Seoty 350000
CLAUSE Fl add clauses dl and el pB35O000
CLAUSE 101 divionclause cl by clause ff1
5209
CLAUSE HI nnr forth the total number ot shares of all Ulasses presently issued and outstanding from Artlole VII
CLAUSE ill INDIANA SHARES multiply clause IflI by Clause 101 Number St shares of the Corporation that will be represented in
diana during the nest succeeding fiscal yeatl .........2fl
CLAUSE LI tee credit claimed as result of merger uith Indiana or previously qualified foreign corporation see Article XIII
minimlirrr tnn of S36 for filing and certificatel
hereby verify sublect to penaif is of rJury that the facts contained herein are true Notarization not necessary
Title
President
FILING PEE SCHEDULE
First 1000 Indiana Shares or less minimum fee $30.00
1001 thnough 200000 Indiana Sharhs per share
200001 through 1000000 Indiana Shares per share
Additional shares over 1000000 Indiana Shares 0.2 per share
plus $6.00 Certificate of Admission fee
ARTICLE XIII Indiana Shares CredIt
Pursuant 10 IC 233.2Sle$as amended by Indiana Acts 1977 PL 76 foreign corporations which are the survivors of mergers or con
solidations with indiana corporations or foteign corporations qualified to transact business In Indiana at the lime of such merger or
consolidation may claim credit for the aggnegate of all shares of stock authorized by the merging Indiana corporatIons and all In
diana Shares paid by the merging foretgn Corporations at the time of such merger or consolidation p000ided that this Application for
Admission is filed with the Secretary of State within thirty 30 calendardays of the tiling of the Articles of Merger orConsokdatlon with
the Secretary of State This procedure does not operate to increase the presently qualifying corporations Indiana shares per se for
future calculation in filing annual reports but merely allows credit for the shares previously paid by Indiana and foreign corporation
parties to merger into or consolidation with such corporation
SECTION
Date at tAng Atticies of Merger or Consolidation with the Secretary of State
Ic untie usd1
IbID 197
CORPORATION SYSTEM
Associated with The Corporation Trust Company
1601 ELM STREET DALLAS TEXAS 75201 214979-1172
MAILING ADDRESS P0 BOX 807 DALLAS TEXAS 75221
May 1986
RE THE NEW AVANTI MOTOR CORPORATION Delaware Domestic
COUNSEL David Rosenberg Attorney SECRETARY OF STATE
Weinstein Rosenberg Corporation Division
8330 Meadow Road Room 155
Suite 114 State House
Dallas Texas 75231 Indianapolis Indiana 46204
Dear Sir/Madam
Pursuant to instructions of Counsel we enclose for filing
the documents identified below
______Incorporation ______Merger
_____Domestic
Qualification _____Foreign
_____Change of Agent/Office _____Dissolution
_____Domestic _____Statement of Intent
_____Foreign _____Certificate of Dissolution
_____Mlendment _____Withdrawal
_____Domestic
_____Foreign _____Other
Kindly send evidence to the undersigned If there are any
problems please call us collect at 214 9791172
Very truly yours
ORPORA SYSTEM
Dennis SwØfley
Service Diviaion
SPECIAL INSTRUCTIONS
DSssd
Ends
APPENDIX
Documents from U.S EPA Region Files and Related Correspondence
CLIENT F$
ro1..4cc 5j44
//23-o
June 15 1988
Mr Robert Martian FOIA Officer
USEPA Region
230 South Dearborn
14th Floor
Chicago IL 60604
RE Request for RCRA and CERCLA Records List for Zip Code 46618
Dear Mr Hartian
EIS Environmental Engineers Inc of South Bend Indiana has been
retained by the Indiana Department of Environmental Management to
conduct search for potentially responsible parties in connection
with approximately 245 drums of material abandoned on the former
site of the Avanti Motor Corporation am requesting under the
Freedom of Information Act listing of any RCRA or CERCLA records
which you might have concerning the proper or improper handling of
hazardous wastes on the site or adjoining properties
The facility address is
765 South Lafayette
South Bend IN 46618
Please call me if you have any questions
Sincerely
EIS EN RONMENTAL ENGINEERS INC
Wanada er otter
Project Engineer
WBP/nj
Caj 6-dO-g8
//vI-/g5-g8
EUS ENVIRONMENtAL ENGINEERS lN.1701 tlrIl lr w/r/d Oiv SoIh Bed ..Iflc35 .2
DATE
Your request for informatioursuant to the provisions of the Freedom of
Information Act as amended was received on a.--17
The Agency has ten 10 working days to respond to your request You can
expect reply shortly after expiration of the ten working day period Further
correspondence on this subject should cite the following Request Identification
Number RIN /3/1
Freedom of Information Officer
U.S Environmental Protection Agency
US SOONNIJT PRIPIvSt SFFICL isRs..aas.els
CLIENT FILE
June 30 1988
Mr Robert Martian FOXA Office
USEPA Region
230 South Dearborn
14th Floor
Chicago IL 60604
Re FOIA Request for Avanti PRP Search
Dear Mr Hartian
EIS Environmental Engineers Inc of South Bend Indiana has been
retained by the Indiana Department of Environmental Management to
conduct search for potentially responsible parties in connection
with approximately 245 drums of material abandoned on the former
site of the Avanti Motor Corporation have already requested
listing of RCRA and CERCLA records for the zip code 46618 RIM
163188 am now requesting that an additional search be made
for other records or correspondence relating to the property The
following information may be helpful in your search
EPA ID IND 001756881
referred to in Indiana Department
of Environmental Control documents
in 1981 and 1982
Corporation Names
Avanti Motor Corporation
ABN Motor Corporation
The New Avanti Motor Corporation
N.A.B Building Company
Property Address
765 South Lafeyette
South Bend IN 46618
EIS ENVIRONMENTAL ENGINEERS INC 1701 Urth Ioo.d Due South Bend udana 40635 2192775715
rage
Zlr Robert Hartian
June 30 1988
Thank you for your attention in this matter
Sincerely
EIS ENVI NMENTAL ENGINEERS INC
Wanad erPotter
Project Engineer
WBP/nj
ecie.4 4as4 ta2t
DATE
Your request for information pursuant to the provisions of the Freedom of
Information Act as amended was received on 7-
The Agency has ten 10 working days to respond to your request You can
expect reply shortly after expiration of the ten working day period Further
correspondence on this subject should cite the following Request Identification
Number RIN-/1YS1 Jat
Freedom of Information Officer
U.S Environmental Protection Agency
Ut toaRNanO PRINTING OFFICU tNTNoRRiS
O Si.4
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION
230 SOUTH DEARBORN ST
CHICAGO ILLINOIS 60604aoi
REPLY TO THE ATTENTION OF
5HR-JQc-13
08 AUG 1988
Ms Wariada Baxter-Potter
Project Engineer
EIS Environmental Engineers Inc
1701 North Ironwood Drive
South Bend Indiana 46635
BE Freedom of Information Act Reciest
BIN 184588
Dear Ms BaxterPotter
This is in response to your Freedom of Information Act request received
July 1988 asking for copies of correspondence related to the
following corporation names Avanti Notor Corporation A3J MDtor
Corporation The New Avanti Notor Corporation N.A.B Building Company
765 South Lafayette South Bend Indiana 46618
Please note that we have only PA information available for the Avanti
btor Corporation and the AHJ Notor Corporation We do not have any
CELA information in our office nor do we have any documentation for the
New Avanti Notor Corporation and N.A.B Building Company
Enclosed is detailed list of the information you requested
There will not be charge for duplication time because the total cost is
less than $25.00
Please contact Ms Nary Villarreal of my staff at 312 8867439 if you
have any questions or are in need of further assistance
Sincerely
I1mo
/Actiri Associate Division Director
Office of HRA
Haclosures for RIM 184588
Notification of Hazardous Waste Activity dated March 29 1984
Jcknowledganent of Hazardous Waste Activity dated May 1984
Acknow1edgrit of Hazardous Waste Activity dated April 26
1984
Letter to ABN from the United States Unvironnta1 Protection
Agency U.S EPA dated August 1984
Notification of Hazardous Waste Activity dated March 15 1984
Notification of Hazardous Waste Activity dated Ctober 11
1983
Aclmowledganent of Hazardous Waste Activity dated Novenber
1983
Letter to Rich Shandross U.S EPA from ttaT Fitch Indiana State
Board of Health dated April 201981
Letter to Rich Sliandross U.S EPA from Guinn ty1e Indiana
State Board of Health dated April 20 1981
10 orandurn to Bill Messenger U.S EPA from Rich Shandross U.S
EPA dated April 29 1981
11 Mesorandum to Geoffrey Newomn Avanti ccepany from Richard
Shandross U.S EPA dated January 1980
or Aprcrer OMS No 755-S 79016
Oettr 0O nub ELITE type I72 erectrct/iochl crrroded OrrN GSA 0246-EPA-aTflU.S noNMtNr.L PROTECTION AGENCY
NOTtFICATILJIJ OF HAZARDOUS WASTE ACTIVITY INSTRUCTIONS If you received preprinte
abel ally it in the space at el-i Ii any of tE
INrLLA-4/O1 017 t4 information on the label is incorrect draw in
ETA through it and topply the correct infornaeio
In the appropriate section belOw If the label
NAME Or P0 complete and correct leave Items II and II
below blank If you did not receive preprinte
INSTALLA label complete all items Installation means
single site where hazardous waste is generatev
PLEASE PLACE LABEL IN THIS SPACE erected stored and/cr disposed of or tray
porters principal place of business Please refn
to the INSTRUCTIONS FOR FILING NOTIF
CATION before completIng this form Ti
Locyrnor /N \T\17 information requested herein is required by lai
ll OrNSAu \V/Section 3Q10 of the Resowve Consevaciwt 8fl1nJU07Ml494RecoewyActi
FOR OFFICIAL USE
COMMENTS
INSTALLATION MAILING ADDRESS __________________________
STREET OR P.O BOX
Io HI kIlI Ii II II II
CITY OR TOWN ST ZIP CODE
SoIuHh IBIEIwI1 III1 ____Ill LOCATION OF INSTALLATION
STREET OR ROUTE NUMBER
ILkjFkI/Ir TI pk
CITY OR TOWN ST ZIP CODE
IoIoHh IId Il-I
IV INSTALLATION CONTACT _________________________
NAME AND TITLE Iu.t /bat job title PHONE NO area cede so
5LtWIM -iiti IvHcItI I1gIsH 17 Ii1
OWNERSHII1
NAME OF INSTALLATIONS LEGAL OWNER
______eirt tr3MI IVI TYPE OF HAZARDOUS WASTE ACTIVITY enter in the appropriate boxe.c
GENERATION D-TRANSPORTATION CARPSte Areas VI
FEDERAL
NONFEDERAL TREAT/STORE/DISPOSE OD UNDERGROUND INJECTION
VII MODE OF TRANSPORTATION transporters only enter Xin the appropriate boxes
AIR Os RAIL DC HIGHWAY OD WATER On OTHER tpnify
YIfl FIRST OR SUBSEQUENT NOTIFICATION
Mark in the rce-ivi.k...Lc cone whether this Is year installations first notification of hacardous waste actlvi baq ntmo ificotion
If this is not pourfi rI your Installations EPA ID Number in the space provided below
PIRBPrSDYSFICATIDN
sUseEoUErsTNoTsrscATIssraccmPt.seiecsssC1JJjjjjHjfl
IX DESCRIPTION OF HAZARDOUS WASTES _______
Please go to the reverse of this form and provide the eessuested information
EPA Poem 8700-12 16-80 CONTINUE ON REVERSE
IX DESCRIPTION OF HAZAO1JS WASTES continued from front
HAZARDOUS WASTES FROM NONSPECIFIC SOURCES Enter the four.-thgit number from 40 CFR Part 261.31 for tuck latnd hazardous
waste from nonspecfic sources your Installation handles Use additional sheets If necessary
IdoIc ill IH Iii III HI
iii ili HI II III III
HAZARDOUS WASTES FROM SPECIFIC SOURCES Enter the fourdigit nrdrnber from 40 CPA Part 261.32 for nath listed haoardou must from
specific industrial sources your installation handles Use additional sheets if necessary
II ___Ri
ii 1H Ji II Ill
III __lit III III III
COMMERCIAL CHEMICAL PRODUCT HAZARDOUS WASTES Enter the fourdigit number from 40 CPA Part 261.33 fat each chemical sub
stance your installatton handles whiclt may be hazardous waste Use additional sheets if necessary
iLl II II __
III 1H III III III iTi
________________________
III
aS
LISTED INFECTIOUS WASTES Enter the fourdigit number from 40 CPA Part 261.34 for each listed hazardous waste Iron hospitals neterinary
hospitals medical and researth laboratories your installation handles Usa additional sheets If necessary
rIt.I_ihiI.j LaIIs IIlLj 15II.j II
CHARACTERISTICS OF NONLISTED HAZARDOUS WASTES Mark in the hoses corresponding to the charactenstits of nonlisted
hazardous wastes your installation handle See 40 CFR Parts 261.21 261.24j
Di IGNITAUX Q2 CORROSIVE Oa REACTIVE TOXIC
I000tI 0052 DOSS 000
CERTIFICATION
certify under penulty of law that have personally examined and am familiar with the Information submitted in this and all
attached documents and that based on my Inquiry of those Individuals Immediately responsible for obtaining the information
believe that the submitted information is true accurate and complete lam aware that there are significant penalties for sub
mitting false information including the possibility of fine and imprisonment
5IGNAT5IR7 oATESroNe0
EPA Porn 8700-126.801 REVERSE
ACKNOWLEDGEMENT OF NOTIFICATION
OF HAZARDOUS WASTE ACTIVITY
VERIFICATION
This is to acknowledge that you have filed Notification of Hazardous Waste Activity for
the instaliStion located at the address shown in the box below to comply with Section 3010
of the Resource Conservation and Recovery Act RCRA Your EPA Identification Number
for that installation appears in the box below The EPA Identification Number must be in
cluded on all shipping manifests for transporting hazardous wastes on all Annual Reports
that generators of hazardous waste and owners and operators of hazardous waste treatment
storage and disposal facilities must file with EPA on all applications for Federal Hazard
ous Waste Permit and other hazardous waste management reports and documents required
under Subtitle of RCRA
IN9C9O356
EPA 2.0 NUMBER
AEN MOTOR CORP
PC BOX4276
SOUTH.SEND tN 46601
765 LAFAYETTE
SOUTH BEND IN 46618
EPAFrm$7OO-12B4.8OI O5I09I4
___ACKNOWLEDGEMENT OF NOTIFICATION
OF HAZARDOUS WASTE ACTIVITY
VERIFICATION
This is to acknowledge that you have filed Notification of Hazardous Waste Activity for
the installation located at the address shown in the box below to comply with Section 3010
of the Resource Conservation and Recovery Act RCRA Your EPA Identification Number
for that installation appears in the box below The EPA Identification Number must be in
cluded on all shipping manifests for transporting hazardous wastes on all Annual Reports
that generators of hazardous waste and owners and operators of hazardous waste treatment
storage and disposal facilities must file with EPA on all applications for Federal Hazard
ous Waste Permit and other hazardous waste management reports and documents required
under Subtitle of RCRA
EPA ID NUMBER 1ND001756881 REACKNOWLEDGEMENT
ABN MOTOR CORP
P0 BOX 4276
SOUTH BEND IN 46601
IN5TALLAI0N ADDRESS 765 SOUTH LAFAYETTE
SOUTH BEND IN 46618
EPAFsns8700.12B480 4/26/84
Yl
sr4 UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
REGION
230 SOUTH DEARBORN ST
CHICAGO ILLINOIS 60604
pqo REPLY TO ATTENI1ON OF
RCRA ACTIVITIES
DATE Augyst 29 1984
TO Geoff Newman Vice President
AEN Motor Corp
765 LaFayette
South Bend Indiana 46618
The EPA Identification Number for the following installation
ABN Motor Corp
has been changed from IND980903256 to JND001756881 The new
EPA Identification Number JUUU1/b01 must be included on all
shipping manifests for transporting hazardous wastes on all Annual
Reports that generators of hazardous waste and owners and operators
of hazardous waste treanent storage and disposal facilities must
file with EPA on all applications for Federal Hazardous Waste
Permit and other hazardous waste management reports and documents
required under Subtitle of RCRA If you have any questions
please contact Marie Oliver at 312 886-6339
Sincerely
IIArthur awrchl
Regional Project Officer
cc Shirley Hancock Indiana State Board of Health
Fe Approved 0MB No f58-S79016
Please print or type with ELITE type aracten/inch the unshaded areas only OSA No 0246.EPA-0T
U.S PIVIRONMENTAL PROTECTION AGENCY
.NOTIFICATON OF HAZARDOUS WASTE ACTIVITY INSTRUCTIONS If you received preprinte
abel affio it in the space at left If any of
INSTALLA-information on the label is in000ect draw lin
FICISS EPA j4/tt through it and supply the correct informstio
_______________in the appropriate section below If the label
NAME OF IN-complete and correct leave Items II and
STALLAIION below blank If you did not receive preprinte
INSTALLA label complete all items Installation means
nON single site where hazardous waste is generate
PLEASE PLACE LABEL IN THIS SPACE treated stored and/cr disposed of or Iran
porters principal place of business Please ret
to the INSTRUCTIONS FOR FILING NOTIFCiAECFOceRJOPEATORCATIONbeforecompletingthisformTh
LOcATIoN information requested herein is required by
ILL SAL-S.ction 3070 of the Raooatce Concenatior
Recovery Act
FOR OFFICIAL IJSE ONLY
COMMENTS
.iiIHiiiiIiiiIiiiiiiHiiiiiIiiiIiIIIiii
INSTALLATIONS EPA .0 NUMUER APPROVED
ItJoIoii i6I Li
______________________________NAME OF INSTALLATION6lIkVkH JIcI liii
II INSTALLATION MAILING ADDRESS
STREET OR P.O BOX
I.lBIcVI IIII 11111111111 liii
CITY OR TOWN ST ZIP CODE
11k4I IEIAIDi 111111 11111 iu
_________________________III LOCATION OF INSTALLATION 1U
STREET OR ROUTE nUMBER
71IcI SI kklII EJEE
CITY OR TOWN ST ZIP CODE
IBILkilI IlillIllIll II
IV INSTALLATION CONTACT
NAME AND TFrLE flOat first job title PHONE NO urea cod 510
11l1 lMkIL IL IIHIHI IIJ 1II
OWNERSHIP
nAME OF INSTALLATIONS LEGAL OWNER
Ill/IcHoklIIckIokkIkIrHIiIIIiiIIIiIIIII0 __zneoP VI TYPE OF HAZARDOUS WASTE ACTIVITY enter in the appropriate boxes
GENERATION cm TRANSPORTATION complete item VII
FEDERAL
NONFEDERAL DC TREAT/STORE/DISPOSE Do UNDERGROUND INJECTION
VII MODE OF TRANSPORTATION rranspolfero only enter in the appropriate boxes
On AIR RAIL Do noumv Do WATER DE OTHER specify
VIII FIRST OR SUBSEQUENT NOTIFICATION
Mark In the appropriate box to Indicate whether this is your installations fiat notification of hazardous waste ectivity or subsequent notification
If this is not your first eotlficetlon enter your Installations EPA I.D Number In the space provided belom
INSTALLATIONS EPA 1.0 NO
FIRST NOTIFICATION SUeSEeUENT NOTIFICATION complete item
IX DESCRIPTION OF HAZARDOUS WASTES
Pleese goto the reverse of this form and provide the requested information
EPA Font 8700-12 8-80 CONTINUE ON REVERS
tO FOR OFFICIAL USE
will 1I
IX DESCRIPTION OF HAZARDOUS WASTES continued from front ___________
HAZARDOUS WASTES FROM NONSPECIFIC SOURCES Enter the fourdigit number from 40 CFR Part 261.31 for each listed hazardous
waste from nonspecific sources your lisitallation handles Use edditional sheets If necessary
_I0fl .ii 1I IIIILi
HAZARDOUS WASTES FROM SPECIFIC OURCES Enter the fourdigit number from 40 CFR Part 261.32 for each listed hazardous waste fr
specific industrial sources your Installation handles Use additional sheets If neeeaaary
______
Ti Ill III __ill
iii iii iii iii Ii iii
COMMERCIAL CHEMICAL PRODUCT HAZARDOUS WASTES Enter the ourdigit number from 40 CFR Part 261.33 for each chemical sub
ntance your installation handles which may bee hazardous waste Use sdditienal sheets if necessary
Ti Ii iTi Ii Iii Ii
iii iT Ii 1i
42
Ti Ii Ii iii iii
LISTED INFECTIOUS WASTES Enter the fourdigit number from 40 CFR Part 261.34 for each listed hazardous waste from hospitals neterinar
hospitals medical and research laboratories your installation handles Use additional sheets if necessaryLuiLiIi5jLII5j L54.i
CHARACTERISTICS OF NONLISTED HAZARDOUS WASTES Mark in the bouen corresponding to the characteristics of nonlisted
hazardous wastes your Installation handles Se 40 CFR Parts 261.21 261.24
Oi IGNITASLE Qz CORROSIVE Os REACTIVE TOXIC
lDaeIl 00551 lDaasl 01
CERTIFICATION
certify under penalty of law that have personally examined and am familiar with the information submitted in this and all
attached documents end that based on my tnquiry of those individuals Immediately responsible for obtaining the information
believe thai lhe submitted information Is true accurate and complete Jam aware that there are significant penalties for sub
mitting false information including the possibility of fine and imprisonment
IGNATURE4/-ZL NAME OFFICIAL TITLE type or print DATE SIGNED
-/-
EPA Fans 8700-14 I6-f REVERSE -4---
77i jflcf A.-L
I-.7A
cvTe
l_-_
Font Appro red 0MB No 15R.S79076
PIern pret er type with ELITE type 12 nractrm/ioch1 in the unshaded areas only GSA No O24BEPA.OT
U.S IRONMENTAL PROTECTION AGENCY
NOTIFICATION OF HAZARDOUS WASTE ACTIVITY lNSTRUTIONS If you recaked preprinter
abel effilt it in the space at left If any of the
INSTAI_LA information on the label is incorrect draws lint
IIOIOS EPA through It and supply the correct informatior
_______________in the appropriatn section below If the label
HAStE OF IN complete and correct Cane Items II and II
STALI_ATION ..-below blank If you did not receioe preprintee
INSrns.Ln_label complete all items Inatellation means
nor single site where haoardous waste is generitecIIPLEASE PLACE LABEL IN THIS SPACE treated Itored and/or disposed of or Sean
porters principal place of businenu Please rafn
to the INSTRUCTIONS FOR FILING NOTIFI
CATION before completing this form Th
LOCATION information requested herein is required by law
II OISTAI Sattion 3070 of the Aeoosove Cooaen.tion an
Recosey Act
FOR OFFICIAL IJSE ONLY
COMMENTS
111111 II III ____liii 11111 II
INSTALLATIONS EPA 1.0 NUMBER APPROVED
lDlO I561
NAME OF INSTALLATION
AIVIAINITIII IMIOITIO CQ RP ORA TIIIOINI .1 III
II INSTALLATION MAILING ADDRESS iui
STREET OR P.O BOX
76I5I ISI LIAIFIAIYIEITITIEI IBILIVIDI IPIOIBIO3CIII9II 16
CITY OR TOWN ST ZIP CODE
sIOluITIHIIBIElNIDlIIIIIIIIIlIIIN3 _______Ill LOCATION OF INSTALLATION
STREET OR ROUTE NUMBER
SIAMlEI II 1111111 11111
CITY OR TOWN ST ZIP CODE
IIIIIIIIIIIIlIIIIIIIIIIII ______LV INSTALLATION CONTACT
NAME AND TITLE kit tnt lob title PHONE NO prea code no
IIIBIIIAIGIIloI IAIJI IJIO SIEIPIHI IDIIIRI IOIFI IEINIGI ZiLJ_2.I2I8I7I.il8I3I6
OWNERSHIP
NAME OF INSTALLATIONS LEGAL OWNER
8LIAKIEI ISITIEIPIHIEINIIHLIIIIIIIIIIIIIIIIIIIIIIII
tcihpErepF7kMI boo VI TYPE OF HAZARDOUS WASTE ACTIVITY enter in the appropriate boxe
Jn GENERATION IB TRANSPORTATION complete fURl VII
FEDERAL
NONFEDERAL Dc TREATf.TORC/DISPOSE Do UNDERGROUND INJECTION
VII MODE OF TRANSPORTATION transporter only enter in the appropriate boxes
Dn AIR Os RAIL Dc HIGHWAY Do WATER OTHER fapeclly
VIII FIRST OR SUBSEQUENT NOTIFICATION
Mark in the appropriate boc to indicate whether this ..your Installations first notification of hezardoui waste activity ore nssba.qsjsnt notification
If this is not your first Ratification enter your InstallatIons EPA 10 dad below
4._I INSTALLATIONS EPA 5.0 NO
FIRST j5 SS5BSEOI.IENE NEQesAlrI4eI2npletc Item
IX DESCRIPTION OF HAZARDOUS WASTES
Please tote the reuerln of this form and pronide the requested informIj IIiTtiNCi1
EPA Form 870012 6BOI CONTINUE ON REVERS
-0
FOR OFFICIAL USE ONLY
Ill II Ij
IX DESCRIPTION OF HAZARDOUS WASTES contxnued from front
HAZARDOUS WASTES FROM NONSPECIFIC SOURCES Enter the fourdigit number from 40 CFR Part 261.31 for each listed hazardous
wta from non.upecific sources your Installation handles Use additional cheats If necessary
__LqJ1 JJJ JjJ LJJ UL
iJJ III III III TIll LII
HAZARDOUS WASTES FROM SPECIFIC SOURCES Enter the fourdigit number from 40 CFR Part 261.32 for each listed haaardoua waste from
sped industrial sources your installation bundles Use additional sheets if necessary
iii __ __iTi
04
__iii ii ii iii
30
COMMERCIAL CHEMICAL PRODUCT HAZARDOUS WASTES Enter the foardigit number from 40 CFR Fart 261.33 for each chemical sub
stance your installation handles which may be hazardous waste Use additional sheets if necessary
IC II 14101
III __Ii ili iii Ii
LISTED INFECTIOUS WASTES Enter the fourdig number from 40 CFR Part 261.34 for each listed hazardous waste from hospitals neterinary
hospitals medical and research laboratories your insta lation handles Use additional sheets if necessary
IL uJIU j5j Ii Ri JJLL
CHARACTERISTICS OF NONLISTED HAZARDOUS WASTES Mark in the boom corresponding to the characteristics of rsonIistad
hazardous wastes your installation handles See 40 CPA Parts 261.21 267.24.1
Di IGNITAULE Do cerqesoszvn Os REACTIVE roxsc
P0011 0502 Pass f0050f
CERTIFICATION
certify under penalty of law that hare personally examined and am familiar with the information submitted in this and all
attached documents and that based on my inquiry of those Individuals Immediately responsible for obtaining the information
believe that the submitted information is true accurate and complete lam aware that there are significant penalties for sub
mitting false information including the possibility of fine and imprisonment
sIoNAl
EPA Fo.n 8700.12 6-80 REVERSE
This is to acknowledge that you have flied Notification of Hazardous Waste Activity for
the intallation located at the address shown in the box below to comply with Section 3010
of the Resource Conservation and Recovery Act RCRA Your EPA Identification Number
for that installation appears in the box below The EPA Identification Number must be in
cluded on all shipping manifests for transporting hazardous wastes on all Annual Reports
that generators of hazardous waste and owners and operators of hazardous waste treatment
storage and disposal facilities must file with EPA on all applications for Federal Hazard
ous Waste Permit and other hazardous waste management reports and documents required
under Subtitle of RCRA
EPI.D.NUM I178I
AVAiTI i0T COP
765 LAFAYETTE LVO PD 19t5
SDUTIt SEND IN 46634
LLArIO OO55 7C5 LFLTTE EJV
CLJTh 4634
EPA Fom8700-12B48O
AN EQUAL OPPORTUNITY EMPLOYER 1330 Weit Michigan SOect
P.O I3 1964
Indianapolis IN 46206
April 20 1981
LU RI cit Sitansi russ
U.S EPA
FROM Tom Fitch
SUBJECT March 27 1981 Teelephone Conversation
with Mr Geoffrey Newman of Avanti Corporation
of South Bend
On March 27 1981 contacted Mr Geoffrey Neuman of the
Avanti Corporation South Bend concerning the storage of industrial
waste on site The Avanti Corporation has 150 55-gallon drums of
industrial paint solids under-coating solids and windshield chaulking
they inherited from the Studebaker Corporation Mr Newman was to
find reclaimer for these waste This has not been achieved as ol yet
Mr Newman has not conducted any tests to determine if the
wastes are considered hazardous as defined in the May 19 1980 Federal
Regi ster lie has not notified U.S EPA so that an ident ficat ion ntimler
could 10 obtained lie has not made any effort to comply with the federal
regulations promulgated as result of the Resource Conservation and
Recover Act It is felt that this company would at the minimum determine
Iny dct have itti esintis wa Si he waste are nded haa zdoti
should be seen that they are disposed of in an environmentally safe manner
TP/tal
State Form 881
STAT INDIA
INDIANAPOLIS
Add Rcply to
Indiana SInte Board of Heath
AN EQUAL OPPORTUNITY EMPLOYE 1330 West Michigan Street
Box 1964
Indianapolis IN 46206
APR 20 ioi
Mr Rich Shandross
State Implimontation Office
U.S EPA Region
230 South Dearborn Street
Chicago IL 60604
Dear Mr Shandross
Re Attachcd Memo
The Avanti Corporation of South Bend Indine
may be in violation of Federal regulations concerning the
generation and storage of hazardous waste suggest that
demand letter be drafted and merit to the Iwenti Corporation
The Corporation should at minimum be required to have an
analysis completed for each of the waste streams they generate
If it is detormined that the waste streams are hazardous then
they should be required to comply with Federal regulations
concerning the generation and storage of hazardous waste
Very truly yours
Guinn Doyle Supervisor
Hazardous Waste Program
Solid Waste Management Section
Division of Sanitary Engineering
AC 317/6330178
TFitch/nlb
cc Mr Tom Fitch
Attachment
501
UNITED STATES NvsoNMEN_PROTECTION AGENCY
Re ion
Phone call Time am
pn
VMemo
Date I/--Yi To /j
Subject 4/From //
__44 P12puJ
ii 4-
pk A4 fr44P44
Dit._Jd
14 --
444d 4-t97-fr ib 1h4L4j4
JM p_r__--
t4 -r-
//4 iu
7iewJ Li iv /36 A-p-Qr
ccc.o
UNITED S1 ENVIRONMENTAL PROTECTION AG
Region
Phone call Time
Memo
2-
Date To 114t4-1ZMP4.\
Z.sJ i2v1-
Subject J.o 4j From
/-.1f
c444
pJ 4_
hZ4j
tiIri
/J4t
APPENDIX
Letter to Paul Trost St Joseph County Health Department
From
Geoff rey Newman N.A.B Building Company
Dated February 15 1988
N.A.B BUILDING COMPANY
405 Sample St
South Bend IN 46625
February 15 1988
Mr Paul Trost
St Joseph County Health Dept
County-City Bldg
South Bend IN 46601
Dear Mr Trost RE Avanti Mfg Facility
Please consider this letter formal response to your correspondence of
Jan 28th concerning the 150200 55 gal drums located on the site at the above
captioned facility Herein will provide greater detail to substantiate my
comments to you during our recent phone conversation during which informed
you that the drums in question do not belong to the realestate owners of the
Avanti mfg facility
The owners of the Avanti mfg facility have never had any right title or
interest in the drums in question The drums In question belong to the tenant of
the facilities the New Avanti Motor Corp with home offices now in Youngstown
Ohio
By way of background there have been essentially four tenants in the
mfg facility since 1964
--The originat Avanti Motor Corp from 1964 9/30/82
--The Avanti Motor Corp owned and operated by Steve Blake
from 10/1/82 until their bankruptcy sometime in late 1985
or early 1986
The 1st Source Bank Trust Co of South Bend which
assumed the assets of Mr Blakes Avanti Motor Corp
under Lenders Security Agreement which came into
play at the time of Mr Blakes bankruptcy
The New Avanti Motor Corp operated by 1r Michael Kelley
from the time they acquired the assets from 1st Source
Bank approx 4/1/86 through the present date
As was one of the individuals associated with the original Avanti Motor
Corp can assure you that we properly disposed of all waste material which
e.caneraLduring the time of our tenancy Additionally we went throff
very large cleanup of all drums on the premises which Mr Blakes Avanti Corp
did not purchase.fromujduring the sale of assets which took place in 1982
Page
Upon the curtailment of our operation in 1982 and subsequeht to that period of
time all drums on the premises whether partially filled totally filled or
empty which contained or may have contained any substances that may have re
quired special disposition were gathered and finally disposed of at our expense
in June 1984
Enclosed herewith you will find copies of invoices from Wayne Disposal
Inc Dearborn Michigan and documents from SCA Adams Center Landfill Inc in
Ft Wayne Indiana as well as other supportive material to show that we loaded
transported and properly disposed of waste materials which were located on
site at the time we sold the business to Mr Blake
The drums currently on location at the mfg facility were either generated
by Mr Blakes operation and/or Mr Kelleys operation cannot say for sure
who generated them or when as have not kept tabs on the daytoday activities
at the Avanti plant If they were generated by Mr Blake operation then the
1st Source Bank assumed ownership of them upon repossession of the business
assets under the Lenders Security Agreement referred to above It is my under
standing however that Mr Kelley purchased all of the assets of Mr Blakes
Avanti Corp from the 1st Source Bank Therefore assume that Mr Kelleys
New Avanti Motor Corp is the party responsible for the drums in question
Certainly the trail of ownership outlined above would lead to that conclusion
Let me reiterate The owners of the realestate have never had anything to
do with the drums in question All waste material paint drums drums containing
solvents and production compounds which were either generated by the original
Avanti Corp or which were on location at the time that the original Avanti Corp
sold the business to Mr Blakes group were subsequently disposed of in proper
manner at appropriate disposal sites The drums presently on site to the best of
my knowledge are the property of The New Avanti btor Corp
hope this letter provides the information you request concerning the drums
presently found on the premises If can be of any further assistance please
feel free to contact me
Very truly yours
N.A.B BUILDING COMPANY
Newmf
GIN/jj
end
INVOICE NO 104g47
Wayne Disposal Inc PAGE
P.O BOX 5187
DEARBORN MICH 48128
PHONE 313.326.0200
I4VCICE FOR 094 3USINESS DATE 06130/34
ABN MOTOR CORP
1250 HILLCREST RD CUSTOMER ACCOUNT NO 522
SOUTH EENO INDIANA PURCHASE ORDER MO
46617 ARNOLD ALTMAN
OESCRIPTICN OF CHARGES AMOUNT TOTAL
PRENT CHARGES
ZARDOUS WASTE 0007 60 CUSIC 35.00 2100.0055HAZARDOUS SURCHARGE 55555 .00
ZARCOUS ASTE 0003 30 CUSIC YD 35.00 1050.00555HAZARDOUS SURCHARGE 555555 .00
SALES TAX 555 .005-TOTAL CURRENT CHARGES 55555555 3150.03
IF PAYMENT EC3IVED 07/20134 PAY THIS AMOUNT 3150.00
IF NOT RECEIVED EY 07l20i4 PAY THIS AMOUNT 3150.00
SERVICE CHAGE CF 1.51 PER MONTH WHICH IS 131
PER YEAR WILL 3E ADDED TO ALL UNPAiD EALANCES OVER 30 DAYS
4dyirI
INVcIICE Na IO447
s/ayne Disposal Inc
P.O BOX 5187
DEARBORN MCH 48128
PHONE 313.326.0200 ACCOUNT NO 522
j94 TICKET ATTACHMENT OATE 063084
07 34 HAZARDOUS WASTE 0007 35.00 PER CUBIC YD
340545 840568
JOE 34 HAZARDOUS WASTE 0008 3.5.00 PER CUEIC YD
840215
tNVJIC jQa7
a7ayne Disposal Inc
P.O BOX 5187
DEARBORN MICH 48121
PHONE 313.326.0200 ACCCL.41
rzcT ATTAC-j.T CATE Cc/3C/a4
O7 AACGU5 PP CUEC
Dcoe OC CJIC YD
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REMITTANCE COPY
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1CC 2C12 O2U976
SPECI.I INFORMMION
ACL WCIj W319
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TASM
HAUI
TONS TOTAl
W0105 NO C4.WT0 MO MOQIC OAT WA ONUS OATS P.O NO O.OTOMMW 05055 50 5.11.050
s05058 AB ACt
PRODUCTCODE UNITS DESCRIPTION UNITPRICE AMOUNT
__________________30 ayd aitwaEte 45.CI 1350.00
.-._.-.........._.-
.--U
____________________________
-tT1
-/_________ _______
/J ----c ----r------.-_________
LMLPYIV55MOMOONOSTATITWNAMO.T TOTAL THIS INVOICE l353
Not 30
DRIVERS GATE
SIGNATURE ___________________________________SIGNATURE __________________________
FILE
AST
SHIP DA REC.BY
DISPOSAL INSTRUCTIONS Covet with 12 of soil at the end of the day
oI2-SAMPLE SPECIAL HANDLING Yes io LAB SZGNATURE
SAFETY EQUIPMENT ____________CELL -r OPERATOR SIGNATURE
7-.-_
_l
O\
iJ kk
-2 35
_______EU p.s
j1j
___________
hit fflt1JIfl II Ii
NOuivO SiSYM SL3rvO
...z_...
6/22/84
SPECIALIZING IN MUNICIPAL AND INDUSTRIAL CLEANING P.O No
5070 WEST MICHIGAN AVENUE 616 3759595 below
KALAMAZOO MICHIGAN 49007.5799 Within Mich 800 632-4176 WO 13150
ABN Motor Corp Closed Circuit TV Inspiction Victor Jet Roddinr
1250 Hillcrest Rd
South Bend IN 46617 Pressure Greuting Vacuuming wet an Dry Miterial
water Blasting Hazardous Want Hauling and Ditposa
JOB DESCRIPTION LOCATION
Delivery of sludge boxes transport to disposal facilty and box rental
Per instructions from Arnold Altman and Geoff Newman
AMOUNT
5/30 Delivered two sludge boxes to ABN Motors 220.00
TRansport one box to Adams Center in Fort Wayne 350.00
Waiting time hours at $70.00 per hour 8OOa.m/l030a.m l05.0-
Sludge box rental 5/31 through 6/13 $50.00 per dayper box
for total for boxes 14 days r446C
6/13 6/14 Ja.f
Transfer three sludge boxes from ABN Motors to Kalamazoo
at $220 per box 660.00
6/14 6/20 6/21
Transport three sludge boxes from Kalamazoo to Wayne
DIsposal at $700.00 per box l00.00
TOTAL AMOUNT DUE $1835.00
NOTE These charges do not include disposal charges from Wayne
Disposal or Adams Center Landfill Disposal will be paid
directly from ABN Motors
TERMS Full payment to be made by July 15 1984
_________
LU
.4
Zu
LU __________________________
tI
-S
i$_
APPENDIX
Relevant Documents From South Bend Fire Department Files
/f
/I3 ---A-
//
/a .Z/-L
ggZi4c /f 2L
Q1
7d4I7
4iI
5
/4 1c/Joc1
1i-cj xZ fk
SOUTH BEND FIRE DEPARTMENT
701 WEST SAMPLE STREET
PHONE 284-9487
NOTICE OF VIOLATION AND ORDER
LOCATION 74.9 INSPECTION DATE /J /ff
BUSINESS NAME_vT Lerozs BUS PHONF._/Z9Z
MA1ER/OWfR _____RE-INSPECTION DUE ___________.8 Vrf7I
YOU ARE HEREBY NOTIFIED THAT DURING THE ABOVEREFERENCED INSPECTION OUR
INSPECTOR FOUND VIOLATIONS OF INDIANA CODE 22115 AND THE RULES PROMULGATED
THEREUNDER YOU ARE HEREBY ORDERED TO CORRECT ALL OF THE VIOLATIONS
IMMEDIATELY AND THUS COME INTO COMPLIANCE WITH THE STATUTE AND RULES BY THE
DATES INDICATED ABOVE THE VIOLATIONS ARE AS FOLLOWS
VIOLATIONS VIOLATIONS
--
IMPROPER EXIT DOOR HARDWARE EXTINGUISHER MAINTENANCE
SEC 12.104 IFPC NFPA 10 SEC 4.4
EXIT/EXIT HALLWAY OBSTRUCT HOOD DUCT SUPPRESSION
SEC 12.103 IFPC NFPA 96
STAIRWAY SEC 12.106 IFPC WIRiNG PROBLEM IEC NFPA 70
EXIT LIGHTS SEC 12.114 IFPC EXCESSIVE/IMPROPER USEOF EXT
CORD SEC 85.106 IFPO
EMERGENCY LIGHTING
SEC 12.113 IFPC RUBBISH TRASH BUILDUP
SEC 11.202 IFPC
SMOKE DETECTOR SYSTEM
CITY ORDINANCE NFPA 72 COMBUSTIBLES NEAR FURNACE
SEC 11.203 IFPC
FIRE ALARM SYSTEM NFPA 72
IMPROPER FLAM LIQUID STORAGE
SPRINKLER SYSTEM NFPA 13 IND FLAM COMBUST/LIQ GASES CODE
OTHER
REMARKS iJ tflw7 cA.-/4/iujiJ
_/$.57./-7/eeE
pIi coer 6pip 7p t5Od gk
.UjiRE HEREBY-REQUSTE.TO SJB14XT A-PLANORCORRECTIVE
E$DAXLF RECEIPT 01 THIS NOTICE AND REPORT ALLC9RRECTIYE ACflbN TA1
UNERSIGNED AT HE AbV AbDESS
OUTH BEND FIRE DEPARTMENT PREVENTION/INSPECTION BUREAU
Fire Chief LutiIr Taylor InsPeT
.flNoticeReceivedBytU-F
Read Back Page
SOUTH BIED FIRE DFARTMENT
701 WIST SAMPLE STREET 5FiJ
PHONE 284-9487
NOTICE OF ViOLATION AND ORDER
LOCATION 769 Lafayette INSPECTION DATE Jan 1988
BUSINESS NAME v3flti Motors BUS PHONE 287-0502 ___________
MANAGER/OWNER illiam DCV REINSPECTION DUE ___________
YOU ARE HEREBY NOTIFIED THAT DURING THE ABOVEREFERENCED INSPECTION OUR
INSPECTOR FOUND VIOLATIONS OF INDIANA CODE 22115 AND THE RULES PROMULGATED
THEREUNDER YOU ARE HEREBY ORDERED TO CORRECT ALL OF THE VIOLATIONS
IMMEDIATELY AND THUS COME INTO COMPLIANCE WITH THE STATUTE AND RULES BY THE
DATES INDICATED ABOVE THE VIOLATIONS ARE AS FOLLOWS
VIOLATIONS VIOLATIONS
--
IMPROPER EXIT DOOR HARDWARE EXTINGUISHER MAINTENANCE
SEC 12.104 IFPC NFPA 10 SEC 4.4
--EXIT/EXIT HALLWAY OBSTRUCT HOOD DUCT SUPPRESSION
SEC 12.103 IFPC NFPA 96
STAiRWAY SEC 12.106 IFPC WIRiNG PROBLEM IEC NFPA 70
EXIT LIGHTS SEC 12.114 IFPC EXCESSIVE/IMPROPER USE OF EXT
CORD SBC 85.106 1PPC
EMERGENCY LIGHTING
SEC 12.113 IFPC RUBBiSH TRASH BUILDUP
SEC 11.202 IFPC
SMOKE DETECTOR SYSTEM
CITY ORDINANCE NFPA 72 COMBUSTIBLES NEAR FURNACE
SEC 11.203 IFPC
FIRE ALARM SYSTEM NFPA 72
IMPROPER FLAM LIQUID STORAGE
SPRINKLER SYSTEM NFPA 13 IND FLAM COMBUST/LIQ GASES CODE
letter of certification list substance in55 gal drums located
OTHER on west side of bldg indicate contins
area
REMARKS use 24 hour guard
consuJ.t wltB structural engineer
board up ailpossible easy entry windows
1AC1IAf A/-li
YOU ARE HEREBY REQUESTED TO SUBMITO COR TIVE
-_SOUTH BEND FIRE DEPARTMENT PREVENTION/INSPECTION BUREAU
Ltt3l.QR 047 .-
h---
Fire Chief Lut lo Inspector
Notice Received By ____________________________________Read Back Page
LNTER-OFFRI MEMO S2
SOUTH BEND FIRE DEPARTMENT
TO Pat DeClercq
R0M Luther Taylor
Fire Chief
SUBJECT Avanti Motor Corp
Drums of Unknown Substance
DATE December 15 1987
This is in reference to the Avanti Motor Corp
that was inspected by Carl Zwierzynski on
December 1987 copy of the inspection
was sent to Avanti in Youngtown Ohio See
copy attached regarding Avanti response
am also attaching copy of the inspection
think the next step should be for Carl Chief
Prawat and myself from the Fire Department alone
with who every you recommend from Code Enforcement
to schedule meeting so we can all work together
Please contact me so we can proceed with this
issue
LT/bw
Attach
cc Marva LeonardDent
Bert Prawat
Carl Zwierzynski
Ilu
NOV 24i8T
Pat DeClercq O1CEOThEFIRCHEF
Luther Taylor CrrYOPSOUThBENDIN
re Avanti Paint Complaint
Please note
in your files that the building used by Avanti
and where they left about 40-50 barrels of paint or paint
thinner is not owned by Avanti
have learned from the Redevelopment Dept that the building
is owned by Newman Altman Inc at 405 Sample Their
contact person is
Jerry Newman
2617 Michigan
Please direct correspondence to this entity as the owners
Communication can still be directed to Avanti but as you are
aware owners are the prime person for notice
cc Eugenia
11/20/87
Narva Leonard-jiJJ
\_vv
SOUTH BEND FIRE DEPARTMENT
701 WEST SAMPLE STREET
PHONE 2849487
NOT LCE OF VIOLATION AND ORDER
LOCATION J--INSPECTION DATE
BUSINESS BUS PHONE Z-..-z _________
MANAGER/OWNER is 5../RE-INSPECTION DUE __________
YOU ARE HEREBY NOTIFiED THAT DURING THE ABOVEREFERENCED INSPECTION OUR
INSPECTOR FOUND VIOLATIONS OF INDIANA CODE 22115 AND THE RULES PROMULGATED
THEREUNDER YOU ARE HEREBY ORDERED TO CORRECT ALL OF THE VIOLATIONS
IMMEDIATELY AND THUS COME INTO COMPLIANCE WITH THE STATUTE AND RULES BY THE
DATES INDICATED ABOVE THE VIOLATIONS ARE AS FOlLOWS
VIOLATIONS VIOLATIONS
IMPROPER EXIT DOOR HARDWARE...EXTINGUISHER MAINTENANCE
SEC 12 104 IFPC NFPA 10 SEC
EXIT/EXIT HALLWAY OBSTRUCT -W DUCT SUPPRESSION
SEC 12.1O.IPC n-.lJi
STAiRWAY SEC.4O6 IFPC
fi TE lA Ai
EXIT LGH C12 114
EMERGENCY LtddTING
SEC 12.113 IFP R1JBSji$EASH BtJILDUP
-..SEi.1O2 FP.C
SMOKE DETECTOR SYSTEM
CITY ORDINANCE FPA 72 COMBUSTBLES NEAR FURNACE
SC.1r.2O3 .IFPC
FIRE ALARM SYSTEM NFPA 72
IMPROPER-FLAK LIQUID STORAGE
SPRINKLER SYSTEM NFPA 13 IND FLAM .CtBUST/LIQ GASESCODEt
OTHER
REMARKS ISO-.oO 54L /dA1O41 1Jrt1E
....j4
tA1 Z.csr ..og .-
70
YOU ARE HEREBY REQUESTED TO SUBMII A-PLAN FOR CORRECTIVE ACTIO.NJH
TRN DAYS .0 RECEIPT TEIS NOTICE AND..REgRT ALL oRRECT1VE 4CTIONYK1IO
THE UNDERSIGNED AT TEE ABOVE ADDRESS
SOUTH BEND FIRE DEPARTMENT PREVENTION/INSPECTION BUREAU
LLtROit ____________
Fire Chief Luth Taylor hspecr7
Notice Received By ________________________________
Read Back Page
SOUTH BEND FIRE DEPARTMENT
701 WEST SAMPLE STREET
PHONE 2849487
NOTICE OF VIOLATION AND ORDER
LOCATION DATE
//___/
BUSINESS /4L-BUS PHONE c42
REINSPECTION DUE _______________
YOU ARE HEREBY NOTIFIED THAT URING THE ABOVEREFERENCED INSPECTION OUR
INSPECTOR FOUND VIOLATIONS OF INDIANA CODE 22115 AND THE RULES PROMULGATED
THEREUNDER YOU ARE HEREBY ORDERED To CORRECT ALL OF THE VIOLATIONS
IMMEDIATELY AND THUS COME INTO COMPLIANCE WITH THE STATUTE AND RULES BY THE
DATES INDICATED ABOVE THE VIOLATIONS ARE AS FOLLOWS
VIOLATIONS VIOLATIONS
IMPROPER EXIT DOOR HARDWARE iEXTINGUISHER MAINTENANCE
SEC 12.104 IFPC NFPA 10 SEC 4.4
EXIT/EXIT HALLWAY OBSTRUCT HOOD DUCT SUPPRESSION
SEC 12.103 IFPC NFPA 96
STAIRWAY SEC 12.106 IFPC WIRING PROBLEM IEC NFPA 70
EXIT LIGHTS SEC 12.114 IFPC EXCESSIVE/IMPROPER USE OF EXT
CORD SEC 85.106 IFPC
EMERGENCY LIGHTING
SEC 12.113 IFPC RUBBISH TRASH BUILDUP
SEC 11.202 IFPC
SMOKE DETECTOR SYSTEM
CITY ORDINANCENFPA 12 z-e CMB1B-S WEARjURNACF
SEC 11.203 IFPC
FIRE ALARM SYSTEMNFPA 2-d-_-IMPROPER FLAM LIQUID STORAGN
SPRINKLER SYSTEM NFPA 13 IND FLAM COMBUST/LIQ GASES CODE
OTHER
REMARKS 262
YOU ARE EBY ED TO SUMVA PIAN FR CORR$Ct
TEN DAYS OF RECEIPT OF THI NOTICE AND REPORT
THE UNDERSIGNED AT THE ABOVE ADDRESS
SOUTH BEND FIRE DEPARTMENT PREVENTION/INSPECTION BUREAUtLojFireChiefLutTaylor
Notice Received By
Read Back Page
SOUTH BEND FIRE DEPARTMENT INSPECTION FORM
ADDRESS CROSS STREET -r
PHONE NAME OF BUSINESS _/4r
PHONE 2-jc OWNER OF BUSINESS
PHONE OWNER OF EU1LUING_
PHONE p7.2-32 MANAGER OF BUSINESS
TYPE OF OPERATION
NO OF STORIES BLDG SIZE
NO OF EXITS EXITS LOCATIONS
ALARM SYSTEM YES_____ NO_____ TYPE____________________________________
ANNUNCIATOR PANEL LOCATION___________________________________________________
MONITORED YES_____ NO_____BY WHOM______________________________________
DATE LAST TESTED___________BY WHOM________________________________________
PROTECTION SPRINKLER SYSTEM WET DRY_____PARTIAL_____COMPLETE__
SPRINKLER SHUT OFF LOCATION /oJ-i3
CONDITION OF HEADS______________________________________________________
STANDPIPE SYSTEM WET _____DRY _____CONDITION OF HOSE_____________________
FIRE DEPT LOCATION__________________________ ACCESSIBILITY_______________
NO OF EXTINGUISHERS 7j DATE LAST RECHARGED
TYPE OF EXTINGUISHERS 4i3C Dz-
NEAREST FIRE HYDRANT LOCATION
ACCESS TO BASEMENT_________________________________________________________
NO OF STAIRWAYS ENCLOSED OPEN_____
SMOKE REMOVAL ABILITY______________________________________________________
ARE THEEE LIVING QUARTERS IN THE BUILDING YES_____NO
LOCATI ON
CONSTRUCTION OF BLDG -LpC
INNER CONSTRUCTION WALLS CEILINC __
83/1
.---
iQ14t7 51/qy
COMNERCIAL BUILDING INSPECTION
what type of combustibles are stored inside or out
sie/IT
tji1
---4ST TftYN.Yeoh
Are fire doors open or closed and what condition are they in
4t -it Oooi ot2 c-r.-pr ED
If sprinkled has it been maintained as required by 13-A
Is it operational now
D.Ta L47 6JO
Are exits obstructed
i7S 8TT47
Are all vertical and horizontal shafts sealedoR-70 4c
47S 8ETLQoi3 A-o oftJ
Condition of electrical system
LE7/19L yTfi1 oi.D 7dC ./Av8 LL/t6-
-CTC4L RtiN-M2T1t C/1I7/4 PiNi
Condition of floors
//oI.-11 oa.S z/Ah hEkL
Get owners name and complete card Also address and telephone noANOA/A1.spLa701 .nLE7
Is the facility alarmed where to operational
f/1q .4L.AM 77
Are windows intact
wfl VIq
eRocEIt OJ pfiCf fr.5
ooI 04e 4T4 DOOP 45//00P
3/n PaTJ Lma.q6--1C4a1/D
7eojfi-oI
CITY of SOUTH BEND
ROGER PARENT Mayor
COUNTY.CITV BUILDING SOUTH BEND INDIANA 48601
SOUTH BEI1D FIRE DEPARTMENT 2191284-9255
701 Saniple Street
South SemI Indiana 46621
Timothy BrasseS
Fire Chief July 1985
Avant Corporation
765 Lafayette
South Bend IN 46618
Attention Steve Blake
Bob Smith
Re Inspection
Sirs
Our Bureau Conducted an inspection of your facility this date
and found the following violations Your immediate attention to
the following shall be appreciated
Fire extinguishers shall be inspected on an annual
basis tagged and rehung to N.F.P.A 10
Many areas throughout your facility have openings
through the floor and walls These shall be sealed
to prevent fire transmission from one area to another
Fire doors are propped open by door stop Doors are
to be self-closing and not in the open position to wooden
stairs and landings N.F.P.A 101 Section 5-2.1.2
Rope and fusible links shall be replaced
Filters in spray areas are to be exchanged Many are
deteriorated N.F.P.A 30
Flaimnable liquids are to be stored in proper metal
cabinets Only one days usage is to be out of these
units Reg State Fire Code
Company files are stored along the North wall main
level in cartons housekeeping is poor
Availi Corp
july 1985
Page Two
Fourth floor roof is leaking floor is buckled
combustible material throughout Plastic material is
used in missing windows extension cords spliced
wiring throughout cartons paper material tires
foam very disorganized Also five gal of methy
lene chloride
Your fire escape located South side shall be certified
as to the safe operation
Room dividers built into smaller offices partitions
are plastic sheets approximately 15 ft length throughout
10 Air compressor Northeast corner oil Jying ft around
floor area
11 Sprinkler heads throughout wh.re painting has been done
are to be replaced Heade lave been painted Also
plastic covers stil --er many heads N.F.P.A l3A
12 Exterior West side oxygen acetylene tanks lying on ground
not secured Approximately 20 barrels located West exit
contain waste oil These shall be removed
13 Sprinkler valve West side approximately 50 ft from build
ing covered by salvage Ground level lid covered totally
Your assistance in compliance shall be appreciated Thank you
erely
Georl Gy
Assist ire Chief
Inspec nAPrevention Bureau
GO/az
cc Kathy Barnard Code Enforcement
JT
APPENDIX
Review of Available Aerial Photography
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State Forn 433F
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
INDIANAPOLIS
OFFICE MEMORANDUM
DATE August 10 1988
TO St Joseph County General File THRU Greta
Jackie Strecker
FROM Bob Cappiello
State Cleanup Section
SUBJECT Avanti Motor CorporationDrum Removal
765 South Lafayette Blvd
South Bend Indiana
previous letter dated July 1988 from the State Cleanup Section to
Mr Robert Lee attorney for the property owners generally describes the
activities on the Avanti site in June and July of 1988 This letter
which is attached also explains our concern that the cleanup at Avanti
proceed in timely manner
Mr Lee responded in letter dated July 15 1988 In this letter Mr
Lee explained that he should be receiving copy of the organic strain
screen test results which is apparently all they had run and bid
for disposal of the drums and their contents from Chem Waste ManagementMrLee went on to say that he is confident the owners will go forward
with disposal of the drums He also said that he will forward copy of
the test results to us
We then received letter from Mr Day of the New Avanti Motor
Corporation dated July 21 1988 In this letter Mr Day presented us
with copy of the Studebaker Corridor Project which is downtown
renovation bond issue program This project earmarks l00000 to be
spent on removal of all hazardous wastes from around the Transwestern
Building This is assumed to be the drums located at 765 South Lafayette
Blvd Mr Day is concerned that the owners of the property may decide
not to dispose of the drums since the city might be willing to do it as
part of their Studebaker Corridor Project Mr Day also expressed
concern on the present conditions of the drums He feels that due to
Chem Waste Managements sampling techniques more environmental hazards
open drums may have been created
Mr Paul Trost of the Saint Joseph County Health Department was asked to
and did send an inspector to the property to see if the drums in their
present condition present public health threat Mr Trost explained
that his inspector did not feel that public health threat presently
exists at the site
St Joseph County General File
Page
August 10 1988
On August 1988 contacted Jim Lynch of the Investigations Office and
Mr Lee attorney for the Avanti property owners Mr Lynch informed me
that their activities at Avanti are completed and that he will share
copy of the drum test results when they receive them Mr Lee told me
that he has received the results of the drum tests from Chem Waste
Management and an openended estimate for disposal of the drums He has
forwarded both of the8e items to us The drum sampling that Chem Waste
Management did cost Mr Lees clients $5800 and the openended estimate
for disposal is $17000 Mr Lee could not tell if or when the disposal
of these drums will take place He said this decision is left to the
property owners and since they just recently received the information the
decision has not yet been made He did not wish to speculate on when
their decision would be made or on what it might be Mr Lee said he
discussed this in his letter to us When we receive his letter staff
will respond appropriately
Attachment
cc Billy
BC/mg
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
NANCY MALOLEY Commissioner
105 South P4endian Street
P.O Box 6015
Indianapolis 462066015
Telephone 317-232-8603
June 16 1988
Kate Hyatt
Private Industry Council
2015 Western Avenue
Suite 435
South Bend IN 46629
Dear Ms Hyatt
The Indiana Department of Environmental Management IDEM has
contracted with ElS Environmental Engineers of South Bead to conduct
Title Search and Potential Responsible Party Search pertaining to the
Avanti Motor Corporation
You have recently been contacted by Ms Wanada BaxterPotter
concerning information about past Avanti employees that used your
agencies services
The IDEM would appreciate it if you could furnish Me BaxterPotter
with the information names telephone numbers addresses of the people
in question
If you should have any questions please call Bob Cappiello of my
staff at AC3172435090
Very truly yoursM-J
Greta Hawvermale Chief
State Cleanup Section
Office of Environmental Response
LJC/etg
cc Wanada BaxterPotter EIS
An Equa Opportunfty Empoyer
100 CORPORATE NORTH SUITE 101
ROUTE 22 AND LAIESIDE DRIVE
oss
BANNOCKBURN ILLINOIS 60015
June 1988
Mr Robert Cappiello
Project Manager
State Clean Up Section
Indiana Department of Environmental Management
5500 Bradbury Avenue
Indianapolis IN 46241 W.O 39780301
Subject Site Investigation
Avanti Manufacturing Facility
South Bend Indiana
Dear Mr Cappiello
On June 1988 WESTON conducted site investigation of the
New Avanti Manufacturing Facility located at 726 South
Lafayette St South Bend Indiana This letter serves to
summarize the findings of the investigation specifically
the amount of drums their conditions volumes and any
markings indicating potential responsible parties and con
tents
During the inspection approximately 245 55-gallon drums were
observed to be located behind the facility Of these drums
Approximately 200 had material in them
Approximately 75%189 of the drums
were sealed
Approximately 75%189 are rusted
however in fair to good condition
Approximately 15%30 of the drums
structual condition may niake movement
difficult and
Approximately 10%of the drums are
bulged
Also during this inspection any markings on the drums were
noted Many of the drums had some markings on them Mark
ings observed on these drums seemed to indicate potential
responsible parties and contents The following is list of
PRPs identified during the inspection
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Mr Robert Cappiello June 1988
Quaker State
Renco
AMOCO
Kendall
Avanti Motor Corp South Bend IN
Freeman Port Washington Wisc
GLSCO Chicago IL
Dupont
CHEMSOLV South Bend IN
Sherwin Williams
Ashland Chemical
Several drums also had hazardouswaste stickers on them
These stickers dated July 1984 identified Avanti Motor
Corps South Bend IN as the generator and the waste as
Dichloromethane Other markings on the drums included
Thinner
Paint Thinner
Machine Wash
Water
Paint
Drain oil
Wash Solvent
Resin Solution
Flanunable liquid
Methylene Chloride
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Mr Robert Cappiello June 1988
Polyester
Glycol ether acetate
As you know even though these drums have markings on them
their exact contents are unknown
Per your request for PRP search purposes copy of this
letter has been forwarded to Mr Steve Nye EIS Environ
mental Engineers Inc South Bend IN
Should you have any questions or require any additional
information concerning this matter please contact us
Very truly yours
ROTOJC
Curtis ichols
Associate Project Scientist
James Burton P.E
Project Manager
CRX/ThB/iec
cc Mr Steve Nye EIS Environmental Engineers Inc
C02l8