NOTICE OF VIOLATION
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Via
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Via
Certified Mail#:______________ |
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To: |
Garney
D. Scott, President |
To: |
CT
Corporation System |
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Scepter,
Inc. |
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Registered
Agent for: |
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Scepter,
Inc. |
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Waverly,
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Case No. 2005-14605-S
Based on an investigation, the Indiana Department of
Environmental Management (IDEM) has reason to believe that Scepter, Inc.
(Respondent) has violated environmental statutes, rules and a permit condition. The violations are based on the following:
1.
Respondent owns and or operates a dross processing facility
and solid waste landfill, Solid Waste Facility Permit FP# 42-07, located at
A. Pursuant to 327 IAC 2-6.1-7, any person who operates,
controls or maintains any mode of transportation or facility from which a spill
occurs shall, upon discovery of a reportable spill to the soil or surface
waters of the state, contain the spill, if possible, to prevent additional
spilled material from entering the waters of the state; undertake or cause
others to undertake activities needed to accomplish a spill response; and as
soon as possible, but within two hours of discovery, communicate a spill report
to the Department of Environmental Management, Office of Environmental
Response.
A reportable spill of
landfill leachate from the Site into waters of the state, occurred on or about
February 14, 2005 and was not properly contained and/or responded to and/or
reported by the Respondent, in violation of 327 IAC 2-6.1-7.
B. Pursuant
to 327 IAC 2-1-6(a), all waters at all times and at all places, including themixing
zone, shall meet the minimum conditions of being free from substances, materials,
floating debris, oil, or scum attributable to municipal, industrial, a agricultural,
and other land use practices, or other discharges:
(A)
that
will settle to form objectionable deposits;
(B)
that
are in amounts sufficient to be unsightly or deleterious;
(C)
that
produce color, visible oil sheen, odor, or other conditions in such degree as
to create a nuisance;
(D)
which
are in amounts sufficient to be acutely toxic to, or otherwise severely injure
or kill aquatic life, other animals, plants, or humans; and
(E)
which
are in concentrations or combinations that will cause or contribute to the
growth of aquatic plants or algae to such degree as to create a nuisance, be
unsightly, or otherwise impair the designated uses.
Respondent caused and/or allowed the discharge of landfill
leachate from the Site on or about February 14, 2005, into waters of the state,
that settled to form putrescent or otherwise
objectionable deposits and/or was in an amount sufficient to be unsightly or
deleterious and/or was in amounts sufficient to be acutely toxic to, or
otherwise severely injure or kill aquatic life, other animals, plants or
humans, in violation of 327 IAC 2-1-6(a)(1).
C. Pursuant to 327 IAC 5-2-2, any discharge of pollutants into
waters of the state as a point source discharge,
except for exclusions made in 327 IAC 5-2-4, is prohibited unless in
conformity with a valid NPDES Permit obtained prior to the discharge.
The Respondent caused and/or allowed the discharge of
landfill leachate, a pollutant, from the Site on or about February 14, 2005,
into waters of the state, without a valid NPDES permit and without meeting any
of the exclusions in 327 IAC 5-2-4, in violation of 327 IAC 5-2-2.
D. Pursuant to IC 13-18-4-5, it is unlawful for any person to
throw, run, drain, or otherwise dispose into any of the streams or waters of
this state, or to cause, permit, or suffer to be thrown, run, drained, allowed
to seep, or otherwise disposed into any waters, any organic or inorganic matter
that causes or contributes to a polluted condition of any waters, as determined
by a rule of the board adopted under IC 13-18-4-1 and
IC 13-18-4-3.
The Respondent caused and/or allowed the discharge of
landfill leachate, an organic matter, from the Site on or about February 14,
2005, into waters of the state, in violation of 327 IAC 2-6.1-7, 327 IAC
2-1-6(a)(1) and/or 327 IAC 5-2-2, and thus
violated IC 13-18-4-5.
E. Pursuant to IC 13-30-2-1(1), no person may discharge, emit,
cause, allow, or threaten to discharge, emit, cause, or allow any contaminant
or waste, including any noxious odor, either alone or in combination with
contaminants from other sources, into the environment or into any publicly
owned treatment works in any form which causes or would cause pollution which
violates or which would violate rules, standards, or discharge or emission
requirements adopted by the appropriate board under the environmental
management laws.
Respondent caused and/or
allowed the discharge of landfill leachate, a contaminant or waste, into the
environment from the Site on or about February 14, 2005, in violation of 327
IAC 2-6.1-7, 327 IAC 2-1-6(a)(1) and/or
327 IAC 5-2-2, and thus violated IC 13-30-2-1(1).
F. Pursuant to 329 IAC 10-28-2(a), on-site roads that provide
access to disposal areas must be passable to vehicles utilizing these areas.
On February 14, 2005, the on-site road, at the Site,
that provides access to disposal areas was not passable to vehicles utilizing
these areas, in violation of 329 IAC 10-28-2.
G. Pursuant to 329 IAC 10-28-3, for all restricted waste sites
Type I and Type II and nonmunicipal solid waste landfills, except facilities
disposing of waste generated on-site, a sign of at least sixteen (16) square
feet must be erected at each facility entrance.
The sign must identify the following:
facility name, operating schedule, type of facility, solid waste facility
permit number. For nonmunicipal solid
waste landfills, traffic signs or other devices, as needed must be provided to
promote an orderly traffic pattern to and from the solid waste discharge area.
On February 14, 2005, the information on the sign
erected at the site was not legible, in violation of 329 IAC 10-28-3.
H. Pursuant to 329 IAC 10-28-14(c), restricted waste sites Type
I and Type II and nonmunicipal solid waste landfills must be graded to promote
surface water drainage and to prevent the ponding of water on previously filled
areas.
On February 17, 2004, the solid waste landfill at the
Site was not graded to promote surface water drainage and to prevent ponding of
water on previously filled areas, in violation of 329 IAC 10-28-14(c).
I. Pursuant to 329 IAC 10-28-14(d) vegetation must be cleared
only as necessary.
On February 14, 2004, vegetation at the Site was not
cleared as necessary, in violation of 329 IAC 10-28-14(d).
J. Pursuant to 329 IAC 10-28-15, any leachate on the surface of
restricted waste sites Type I and Type II and nonmunicipal solid waste
landfills must be immediately managed or controlled to prevent off-site
migration. Any surface movement of leachate
past a point fifty (50) feet outside of
the solid waste boundary is prohibited except as specified in the
facility permit.
On February 14 and 15, 2005, leachate moved across
the surface of the landfill past a point more than fifty (50) feet outside of
the solid waste boundary, in violation of 329 IAC 10-28-15.
K. Pursuant to 329 IAC 10-28-16, any discharge or disposal of
collected leachate must be in accordance with applicable local, state, and
federal laws and rules.
On February 14, 2005, leachate was discharged from
the Site that was not in accordance with applicable local, state, and federal
laws and rules, in violation of 329 IAC 10-28-16.
L. Pursuant to 329 IAC 10-28-12(a)(2), restricted waste site
Type I and nonmunicipal solid waste landfills must complete the following: apply and compact no less than six (6) inches
of cover over all exposed solid waste:
by the end of each operating day, regardless of weather conditions; in
the case of a facility that is open continuously, at least once in every
twenty-four (24) hour period; or as specified in the permit.
On February 15, 2005, there was less than six (6)
inches of cover on numerous areas of the landfill site, in violation of 329 IAC
10-28-12(a)(2).
M. Pursuant to Solid Waste Facility Permit FP # 42-07, Condition
E13, the permittee shall not cause a discharge of pollutants into waters of the
On February 14, 2005, leachate was discharged into
waters of the
N. Pursuant to 329 IAC 10-28-12(a)(3), nonmunicipal solid waste
landfills must apply and compact intermediate cover of not less than one (1)
foot over any point in the fill that has not received solid waste for ninety
(90) days or more.
On April 21, 2005, there were points in the landfill
that had not received solid waste for ninety (90) days or more and less than
one (1) foot of intermediate cover had been applied, in violation of 329 IAC
10-28-12(a)(3).
In
accordance with IC 13-30-3-3, the Commissioner herein provides notice that a
violations may exist and offers an opportunity to enter into an Agreed Order
providing for the action required to correct the violations and for the payment
of a civil penalty. The Commissioner is
not required to extend this offer for more than sixty (60) days.
As
provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order
without admitting that the violations occurred.
IDEM encourages settlement by Agreed Order, thereby resulting in quicker
correction of the environmental violations and avoidance of extensive
litigation. Timely settlement by Agreed
Order may result in a reduced civil penalty.
Also, settlement discussions will allow the opportunity to present any
mitigating factors that may be relevant to the violations.
If an
Agreed Order is not entered into within sixty (60) days of receipt of this
Notice of Violation, the Commissioner may issue a Notice and Order under IC
13-30-3-4 containing the actions that must be taken to correct the violations
and requiring the payment of an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner
may assess penalties of up to $25,000 per day for each violation.
To
discuss this matter further, please contact Craig Henry at 317/233-1136 within
fifteen (15) days after receipt of this Notice to request a conference. If settlement is reached, an Agreed Order
will be prepared and sent for review and signature.
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For the Commissioner: |
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Date:______________ |
Signed June 22, 2006 |
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Matthew T. Klein |
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Assistant Commissioner
for |
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Compliance &
Enforcement |
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cc: |
Knox
County Health Department |
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Tom
Baker, Esq., Hatchett & Hauck Attorneys at Law |