) SS: OF ENVIRONMENTAL MANAGEMENT

a. Pursuant to IC 13-30-2-1(10) and 40 CFR 270.1(c), no person shall commence or engage in the operation of a hazardous waste facility without having first obtained a permit from IDEM. Respondent treated Alac's waste oil still bottoms (F002) without having first obtained a permit.

b. Pursuant to 329 IAC 3.1-1-10, every hazardous waste generator, transporter, or owner or operator of a hazardous waste facility, must notify the Commissioner of its hazardous waste activity on the approved forms. Respondent failed to notify the Commissioner of Respondent's treatment of Alac's F002 waste at the former Ralston Avenue Site.

c. Pursuant to 40 CFR 264.1(b), the standards of this part apply to owners and operators of all facilities which treat, store, or dispose of hazardous waste. Respondent's treatment of Alac's F002 waste did not comply with the requirements of 40 CFR 264.

d. Pursuant to 40 CFR 262.11 and 40 CFR 268.7, a person who generates a solid waste must determine if that waste is hazardous, including the proper land disposal requirements. Respondent did not determine that Alac's waste was a wastewater treatment sludge (F002), generated from processing waste oil still bottoms (F002), and an oil sludge (F002), generated from processing waste oil still bottoms (F002).

e. Pursuant to 329 IAC 13-3-1(e)(3)(B) and 329 IAC 13-7-10, materials derived from used oil that are disposed of or used in a manner constituting disposal are solid wastes and thus subject to, if applicable, the hazardous waste regulations under 329 IAC 3.1 if the materials are listed or identified as hazardous waste. Respondent did not follow the hazardous waste regulations under 329 IAC 3.1 for listed hazardous waste (F002) when Respondent treated Alac's waste at the former Ralston Avenue Site.

f. Pursuant to 40 CFR 262.12(c) and IC 13-30-2-1(11), a generator must not offer hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number. A person may not deliver any hazardous waste to a hazardous waste facility that does not hold a permit from the department. Respondent sent hazardous waste resulting from treatment of Alac's hazardous waste at the former Ralston Avenue Site to facilities that did not have EPA ID numbers.

g. Pursuant to 329 IAC 3.1-7-3(a), 329 IAC 3.1-7-4, and IC 13-30-2-1(12), a generator who transports or offers for transportation, hazardous waste for off-site treatment, storage, or disposal, must prepare a manifest. Respondent offered hazardous waste resulting from treatment of Alac's hazardous waste at the former Ralston Avenue Site for transport off-site without a manifest.

h. Pursuant to 329 IAC 13-3-2, used oil burned for energy recovery, and any fuel produced from used oil by processing, blending, or other treatment, is subject to regulation under this article (Article 13) unless it is shown not to exceed any of the allowable levels of the constituents and properties in the specification shown in Table 1 of 329 IAC 13-3-2. At its former Ralston Avenue Site, Respondent tested used oil that was to be burned for energy recovery for only water content, and not for the constituents and properties found in Table 1.

i. Pursuant to 329 IAC 13-7-1(b), 329 IAC 13-7-6, and 329 IAC 13-7-8, processors or re-refiners who direct shipments of off-specification used oil from their facility to a used oil burner or first claim that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in 329 IAC 13-3-2 must also comply with 329 IAC 13-9. An owner or operator must keep at the facility a written operating record that contains records and results of used oil analyses performed as described in the analysis plan required under 329 IAC 13-7-6. Respondent did not maintain records at its former Ralston Avenue Site for each shipment of used oil to on-specification used oil burners. Specifically, records of the used oil analysis to show they met specifications for each shipment were not available since the used oil that is to be burned for energy recovery was only tested for water content.

j. Pursuant to 329 IAC 13-4-2 and 329 IAC 13-3-1(b)(1), mixtures of used oil and hazardous waste must be must be managed in accordance with 329 IAC 13-3-1(b). Respondent received loads of used oil still bottoms (F002) from Alac and processed the waste as used oil at the former Ralston Avenue Site.

k. Pursuant to 329 IAC 13-7-4, to ensure that used oil managed at a processing or re-refining facility is not a hazardous waste under the rebuttable presumption of 329 IAC 13-3-1(b)(1)(B), the owner or operator of a used oil processing or re-refining facility must determine whether the total halogen content of used oil managed at the facility is above or below one thousand (1000) parts per million. If the used oil contains greater than or equal to one thousand (1000) parts per million total halogens, it is presumed to be hazardous waste because it has been mixed with halogenated hazardous waste listed in 40 CFR 261, Subpart D. The owner or operator may rebut the presumption by demonstrating that the used oil does not contain hazardous waste. Respondent failed to properly rebut loads of used oil received for processing at its former Ralston Avenue Site. Respondent received some loads of used oil at its former Ralston Avenue Site that exceeded one thousand (1000) parts per million total halogens and failed to demonstrate that the used oil did not contain hazardous waste.

l. Pursuant to 329 IAC 13-7-6, owners or operators of used oil processing and re-refining facilities must develop and follow a written analysis plan describing the procedures that will be used to comply with the analysis requirements of 329 IAC 13-7-4 and, if applicable, 329 IAC 13-9-3. Respondent did not follow the analysis procedures described in its waste analysis plan for sampling methods and analysis at its former Ralston Avenue Site. The procedures used to determine if the used oil fuel was on-specification were also not followed. Loads of used oil were processed at its former Ralston Avenue Site without any analysis being performed.

m. Pursuant to 329 IAC 13-7-5(e), existing aboveground tanks used to store or process used oil at processing and re-refining facilities must be equipped with a secondary containment system that meets the requirements of 329 IAC 13-7-5(e). Respondent did not equip fifteen (15) tanks used to store or process used oil at its former Ralston Avenue Site with a secondary containment system.

n. Pursuant to 329 IAC 13-7-5(g), containers and aboveground tanks used to store or process used oil at processing and re-refining facilities must be labeled or marked clearly with the words "Used Oil." Respondent did not label or mark clearly fifteen (15) used oil processing tanks at its former Ralston Avenue Site with the words "Used Oil."

o. Pursuant to 329 IAC 13-7-5(h) and IC 13-30-2-1, upon detection of a release of used oil to the environment not subject to the requirements of 40 CFR 280, Subpart F, an owner or operator must perform the clean-up steps of 329 IAC 13-7-5(h)(1-4). A person may not discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste into the environment. Respondent failed to follow the clean-up steps for releases of used oil to the environment. Releases of used oil were observed around the east side of the holding tanks at Respondent's former Ralston Avenue Site.

On August 16, 2002, Respondent provided documentation to IDEM detailing the cleanup and decontamination steps taken at the Ralston Avenue Site before Respondent's departure from the facility in June of 2001.