a. Pursuant to 40 CFR 262.34(b), a generator who accumulates hazardous waste for more than ninety (90) days is an operator of a storage facility and is subject to the requirements of 40 CFR 264 and the permit requirements of 40 CFR 270. Respondent became an operator of a storage facility when the Respondent stored the following waste on-site for more than ninety (90) days:

On August 12, 1999, Respondent submitted to IDEM documentation indicating that the hazardous waste was manifested off-site.

b. Pursuant to IC 13-30-2-1(10) and 40 CFR 270.10, only those owners and operators with hazardous waste permits may be involved in the treatment, storage, or disposal of hazardous waste as identified or listed in 40 CFR Part 261. Respondent does not have a permit to operate as a storage facility yet stored waste on-site for more than ninety (90) days. Respondent also operated as a treatment facility by thermally treating potentially hazardous waste by running the hazardous waste through the curing ovens prior to disposal.

notify the Commissioner of such activities on forms provided by the

Commissioner. Respondent failed to notify the Commissioner as a hazardous waste storage facility.

d. Pursuant to 40 CFR 268.50(a)(1), the storage of hazardous wastes restricted from land disposal under Subpart C of 40 CFR Part 268 is prohibited, unless the generator stores such wastes in tanks or containers on-site solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal, and the generator complies with the requirements in 40 CFR 262.34. Respondent stored hazardous wastes restricted from land disposal for greater than ninety (90) days in violation of 40 CFR 262.34, thus violating the storage prohibition contained in 40 CFR 268.50.

e. Pursuant to 329 IAC 3.1-15-4, an owner or operator of a hazardous waste storage facility must demonstrate financial assurance for closure of the facility. Respondent failed to demonstrate financial assurance for closure of the facility.

f. Pursuant to 40 CFR 262.11, a person who generates a solid waste, as defined in 40 CFR 261.2, must determine if the waste is a hazardous waste. Respondent had not made a proper hazardous waste determination for the following:

This violation was also cited during a May 2, 1996 inspection.

On December 30, 1998, Respondent submitted to IDEM documentation showing that a hazardous waste determination was made for the spent booth filters.

g. Pursuant to 40 CFR 268.7(a)(7), a generator must maintain on-site a copy of all waste analysis data for at least five (5) years. Respondent failed to maintain the waste analysis data for the spent fluorescent lamps, waste paint related material, spent paint booth filters, and F019 hazardous waste sludge.

h. Pursuant to 40 CFR 262.12(c), a generator must not offer hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number from the Commissioner. Respondent offered hazardous spent fluorescent lamps, waste paint related materials generated in the paint room and/or the paint application areas, and spent paint booth filters to a facility that had not received an EPA identification number.

i. Pursuant to 329 IAC 3.1-7-4 and 40 CFR 268.7(a)(2), a generator sending hazardous waste off-site for disposal must use a manifest. The waste must

also be accompanied by a land disposal restriction notification form. Respondent sent the following hazardous waste off-site without a manifest:

j. Pursuant to 40 CFR 262.34(c)(1)(ii), the generator must mark satellite accumulation containers with the words AHazardous Waste@ or with other words that identify the contents of the containers. Respondent did not mark the following satellite accumulation containers with the words AHazardous Waste@ or with other words that identify the contents of the containers:

store the following satellite accumulation container closed during periods other than when waste was being added or removed:

This violation was also cited during a May 2, 1996 inspection.

l. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.173(a), a container holding hazardous waste must always be closed during storage except when it is necessary to add or remove waste. Respondent failed to store the following containers closed:

m. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 265.174, the owner or operator of a hazardous waste facility must inspect areas where containers are stored, at least weekly, looking for leaks and deterioration caused by corrosion or other factors. Respondent did not conduct weekly inspections of the container storage areas.

n. Pursuant to 40 CFR 262.34(a)(3), generators may accumulate hazardous waste on-site for ninety (90) days or less without a permit provided that each container is marked with the words AHazardous Waste.@ Respondent failed to label the following containers with the words AHazardous Waste@:

This violation was also cited during a May 2, 1996 inspection.

the date when accumulation begins is clearly marked and visible for inspection on each container. Respondent failed to label the following containers with accumulation start dates:

This violation was also cited during a May 2, 1996 inspection.

p. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.35, the generator must maintain adequate aisle space for the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency. Respondent failed to maintain adequate aisle space for twenty-nine (29) containers located in the less than 90-day accumulation dock area. This violation was also cited during a May 2, 1996 inspection.

q. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.31, the facility must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned release of hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment. Respondent had not maintained and operated the facility to minimize the possibility of a release of hazardous waste to the environment. Liquid waste was observed on the floor below the paint line preparation tanks and the wastewater treatment area. Also, containers of waste paint related materials were open and overfilled. This violation was also cited during a May 2, 1996 inspection.

r. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.37(a), the owner or operator must attempt to make arrangements with local authorities and emergency response teams as appropriate for the type of waste handled at the facility. Respondent had not made arrangements with local authorities and emergency response teams. On December 7, 1998, Respondent submitted to IDEM a copy of the contingency plan which documents that local authorities were subsequently notified.

s. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(a)(1)(2), and (3), facility personnel must successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their

hazardous waste duties in a proper manner. Respondent did not have a hazardous waste personnel training program to ensure compliance with the hazardous waste rules.

t. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(c), the generator shall ensure that facility personnel take part in an annual review of the initial hazardous waste training required by 40 CFR 265.16(a). Respondent did not provide facility personnel with an annual review of the initial hazardous waste training. This violation was also cited during a May 2, 1996 inspection.

u. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(d)(1),(2),(3), and (4), the generator must maintain the required hazardous waste training documents and records at the facility. Respondent failed to maintain the following personnel training documents and records at the facility:

This violation was also cited during a May 2, 1996 inspection.

v. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(e), the generator must keep hazardous waste personnel training records on current employees until closure of the facility. Hazardous waste training records on former employees must be kept for at least three (3) years from the date the employee last worked at the facility. Respondent did not maintain the required training records. This violation was also cited during a May 2, 1996 inspection.

w. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.53, a copy of the contingency plan and all revisions to the plan must be maintained at the facility. Respondent did not maintain a copy of the contingency plan.

On November 30, 1998, Respondent submitted to IDEM a copy of the contingency plan. This violation was also cited during a May 2, 1996 inspection.

On August 12, 1999, Respondent submitted to IDEM a revised contingency plan.

x. Pursuant to 329 IAC 3.1-7-8(a)(16), the generator must certify on the manifest form the existence of a waste minimization plan, in accordance with 40 CFR 262.4(a)(6). Respondent incorrectly certified that the facility had a waste minimization plan.

On August 12, 1999, Respondent submitted to IDEM a copy of the waste minimization plan.

y. Pursuant to 329 IAC 3.1-7-6(4), a generator who uses a manifest must submit copies of the manifests to IDEM within five (5) working days after transportation of the hazardous waste off-site. Respondent failed to submit to IDEM a copy of the following manifests:

On August 12, 1999, Respondent submitted to IDEM copies of the required manifests.

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;

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, 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.

a. All job titles for positions related to hazardous waste management.

b. The names of employees filling each job title.

c. Job descriptions including the required skills, education, or other qualifications and the duties of the personnel assigned to the hazardous waste management position.

d. A description of both introductory and continuing training required for each hazardous waste management position.

e. Records that document that the training or job experience required under 265.16(a),(b), and (c) has been given to and completed by facility personnel.