NOTICE OF VIOLATION
VIA CERTIFIED MAIL #___________________
TO: Kenji Schibata, President C.T. Corporation, Resident Agent
Bridgestone/Firestone Inc. 1 North Capitol Avenue
211 Ashlawn Court Indianapolis, IN 46204
Nashville,TN 37215
Designated representatives of the Indiana Department of Environmental Management
(IDEM) conducted an inspection of Firestone Industrial Products Company, a Division of
Bridgestone/Firestone, Inc., located at 1700 Firestone Blvd. (Division Street East), Noblesville,
Indiana, on May 21, 1997. Based on the inspection and associated record review conducted by
the IDEM, you were found to be in violation of the following provisions of the Indiana Code (IC)
and Indiana Administrative Code (IAC):
IC 13-18-4-5, which states, in substance, that a person may not 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 shall cause or contribute to a polluted condition of any waters.
327 IAC 2-1-6(a)(1), which states, in relevant part, that all waters at all times and at all
places, including the mixing zone, shall meet the minimum conditions of being free from
substances, materials, floating debris, oil or scum attributable to municipal, industrial, agricultural,
and other land use practices or other discharges:
a. that will settle to form putrescent or otherwise 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 to
otherwise severely injure or kill aquatic life, other animals, plants, or humans;
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.
IC 13-30-2-1, which states, in part, that no person shall 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.
327 IAC 5-2-8, which requires, in substance, that the following conditions apply to all
National Pollutant Discharge Elimination System (NPDES) permits:
1. the permittee must comply with all terms and conditions of the NPDES permit.
Any permit non-compliance constitutes a violation of Clean Water Act (CWA)
and the Environmental Management Act (EMA) and is grounds for enforcement
action;
2. the permittee shall take all reasonable steps to minimize or correct any adverse
impact on the environment resulting from noncompliance with the permit;
3. the permittee shall at all times maintain in good working order and efficiently
operate all facilities and systems (and related appurtenances) for collection and
treatment which are installed or used by the permittee and which are necessary
for achieving compliance with the terms and conditions of the permit;
4. the permittee shall comply with monitoring, recording, and reporting
requirements established in accordance with 327 IAC 5-2-13, 327 IAC 5-2-14,
and 327 IAC 5-2-15.
Violations of the above Statutes and Rules were observed as follows:
During the May 21, 1997 IDEM inspection it was observed that there was a loss of
clarifier floc sludge to Wilson Ditch that caused some damage to natural waters of the state.
IDEM's investigation revealed that the sludge in the receiving stream was caused by poor
operation of clarifier process equipment, resulting in the loss of floc. It was also observed, on the
same date, that there was no chart recorder for flow monitoring.
This incident constitutes violation of Water Quality Standards 327 IAC 2-1-6(a)(1), as well as IC 13-18-4-5 and IC 13-30-2-1. Additionally, it is a violation of 327 IAC 5-2-8 and conditions of the NPDES permit No. IN 0001341 because of the improper disposal of solids
(Part II.B.4.of permit), failure to properly operate and maintain the wastewater treatment plant
(Part II.B.1. of permit), and failure to mitigate adverse impact (Part II.A.3.of permit).
In accordance with IC 13-30-3-3, the Commissioner is required to notify you in writing
that he believes a violation exists and offer you an opportunity to enter into an Agreed Order
providing for the actions 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.
If settlement is not reached within sixty (60) days of your receipt of this Notice, the
Commissioner may issue an Order pursuant to IC 13-30-3-4, containing the actions you must
take to achieve compliance, the required time frames, and an appropriate civil penalty.
Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day of
any violation.
Entering into an Agreed Order will prevent the issuance of an Order of the Commissioner
under IC 13-30-3-4 or the filing of a civil court action under IC 13-14-2-6. IDEM encourages
timely settlement by Agreed Order, thereby saving time and resources. Timely settlement by
Agreed Order may result in a reduced civil penalty. Settlement discussions will also give you the
opportunity to present any mitigating factors that may be relevant to the violations. In addition,
as provided in IC 13-30-3-3, you may enter into an Agreed Order without admitting that the
violation occurred.
To discuss this matter further, please contact Dave Knox at 317/233-5975 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 to you for review and signature.
For the Commissioner:
Date: ____________________ Signed 10/1/98
David J. Hensel
Director
Office of Enforcement
cc: U.S. EPA Region V, Water Section
Hamilton County Health Department
Converted by Andrew Scriven