) SS: OF ENVIRONMENTAL MANAGEMENT

a. Pursuant to 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 180 days or less without a permit, provided that the date when the accumulation begins is clearly marked and visible for inspection on each container. Respondent did not label six (6) out of seven (7) containers in the less than one hundred eighty (180) day container storage area with accumulation start dates.

b. Pursuant to 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for 180 days or less without a permit, provided that containers are marked with the words "Hazardous Waste." Respondent did not label three (3) containers in the less than one hundred eighty (180) day container storage area with the words "Hazardous Waste."

c. Pursuant to 40 CFR 262.34(c)(1)(ii), a generator may accumulate as much as 55 gallons of hazardous waste at or near the point of generation without a permit and without complying with 40 CFR 262.34(a), provided that the containers are marked with either the words "Hazardous Waste" or with other words describing the contents. Respondent did not label a satellite accumulation container in the paint area with the words "Hazardous Waste" or with other words describing the contents.

d. Pursuant to IC 13-30-2-1(3), no person shall deposit any contaminants upon the land in a place and manner that creates or would create a pollution hazard that violates or would violate a rule adopted by one of the boards. Respondent allowed hazardous waste to leak from the bottom of a drum in the one hundred eighty (180) day container storage area.

e. Pursuant to 40 CFR 262.34(c)(1)(i) referencing 40 CFR 265.173(a), a container holding hazardous waste must always be closed during storage, unless necessary to add or remove waste. Respondent did not store a satellite accumulation container in the paint area closed.

f. Pursuant to 40 CFR 262.34(d)(2) referencing 40 CFR 265.171, if a container holding hazardous waste is not in good condition, or if it begins to leak, the generator must transfer the hazardous waste from this container to a container that is in good condition. Respondent did not store containers of hazardous waste located in the less than one hundred eighty (180) day container storage area in good condition.

g. Pursuant to 329 IAC 3.1-7-6(a)(3) referencing 40 CFR 262.40(a), a generator must keep a copy of each manifest for at least three years from the date the waste was accepted by the initial transporter. Respondent did not have copies of manifests for shipments of hazardous waste readily available at the time of the inspection.

h. 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 operated as a storage facility without first obtaining a permit.

i. 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 storage activities.

j. Pursuant to 40 CFR 262.34(f), a generator who generates greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month and who accumulates hazardous waste for more than 180 days is an operator of a storage facility and is subject to the requirements of 40 CFR Part 264 and the permit requirements of 40 CFR Part 270. Respondent stored waste on-site for greater than 180 days without complying with 40 CFR 264 and 40 CFR 270.

b. mechanically clean the pad by scraping, sweeping, or other method, to remove all physical contamination;

c. inspect the pad for cracks. If cracks are detected, perform Item i. at this point;

d. wash the pad with a high pressure steam cleaner with detergent or appropriate solvent to remove the previously stored waste materials;

e. rinse the pad three (3) times with water;

f. collect the third (final) rinsate separately and analyze two (2) samples to show that the pad=s surface meets the cleanup levels. For inorganic and certain organic parameters, the cleanup levels of the rinsate will be based on the Maximum Contaminant Levels (MCLs) of the National Primary Drinking Water Regulations (40 CFR 141). For the organic parameters without MCLs, the cleanup levels of the rinsate will be based on the analytical methods= Estimated Quantitation Limits (EQLs), as defined in SW-846. The analytical parameters will be based on wastes previously stored on the pad;

g. ensure that care is taken to prevent migration of cleaning liquids from the pad area;

h. collect and dispose of all residues and rinsates as hazardous waste unless the residues and rinsates are analyzed and determined to be non-hazardous;

i. sample the soil underlying any cracks found in the inspection to check for contamination. If no contamination is found exceeding Risk Integrated System of Closure (RISC) concentrations, seal the cracks and proceed with Items d. through h. above. If contamination is found, submit a hazardous waste closure plan to IDEM for approval for the container storage area in accordance with the provisions of 40 CFR 264 Subpart G. Upon notice of approval of the closure plan by IDEM, implement the approved plan in accordance with the time frames contained therein.

12. Within thirty (30) days of completing the decontamination required in Order #11,

Respondent shall submit documentation, including sample results, that the

decontamination has been completed to IDEM for review. Analytical results

submitted to IDEM for review shall include signed chain-of-custody sheets,

sampling dates, analysis dates, analytical methods used, MCLs, EQLs and quality

control results. The quality assurance/quality control (QA/QC) results shall

include initial and continuing calibration results, blank results, matrix duplicates,