STATE OF
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BEFORE THE INDIANA
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OF
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COMMISSIONER
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ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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Case No. 2005-14534-H |
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CABLE PLASTICS RECLAIMING,
INC., |
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Respondent. |
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NOTICE AND ORDER OF THE
COMMISSIONER OF THE
DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT
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VIA CERTIFIED MAIL#_______________ |
VIA CERTIFIED MAIL#_______________ |
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Henry
L. Boch, President |
Henry
L. Boch, Registered Agent for |
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Cable
Plastics Reclaiming, Inc. |
Cable
Plastics Reclaiming, Inc. |
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775
S. 500 W., Suite A |
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This Notice and Order of the Commissioner of the Indiana
Department of Environmental Management ("Order") is issued against Cable
Plastics Reclaiming, Inc. (Respondent) pursuant to IC 13-30-3-4, IC 13-30-3-10,
and IC 13-30-3-11, and is based on violations of environmental rules and
statutes found during an investigation conducted by the Indiana Department of
Environmental Management (“IDEM”).
Specifically, the investigation, which included site visits on August
23, 24, 25, 28, 30, and 31, 2004, September 1, 2, 9, 22, and 23, 2004, December
9, 2004, and January 13, 2005, revealed that the Respondent violated 329 IAC
3.1, IC 13-30-2-1(12), IC 13-30-2-1(10), 329 IAC 10-4-2, 329 IAC 10-4-3, IC
13-30-2-1(1), IC 13-30-2-1(3), IC 13-30-2-1(4), and IC 13-30-2-1(5), as
specified below:
FINDINGS
1.
Complainant is the Commissioner (“Complainant”) of IDEM, a
department of the State of
2.
Respondent is Cable Plastics Reclaiming, Inc., which owns
and operates or operated a facility (the “Facility”) located at 755 S. 500 W in
LaPorte,
3.
IDEM has jurisdiction over the parties and the subject
matter of this action.
4.
Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation
via Certified Mail to:
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Henry
L. Boch, President |
Henry
L. Boch, |
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Cable
Plastics Reclaiming, Inc. |
Registered
Agent for |
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Cable
Plastics Reclaiming, Inc. |
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775
S. 500 W., Suite A |
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5.
IDEM conducted an investigation from August 2004 through
March 2005, which included Site visits conducted on August 23, 24, 25, 28, 30,
and 31, 2004, September 1, 2, 9, 22, and 23, 2004, December 9, 2004, and
January 13, 2005. The investigation
revealed violations by the Respondent of environmental statutes and rules, as
described below.
6.
IDEM’s investigation revealed that the Respondent’s
operations at the Facility, consisting of the reclaiming of copper,
polyethylene, nylon, and polyvinyl chloride (“PVC”) from scrap insulation
generated by wire choppers, commenced on or about March 2004, and continued
through on or about February, 2005.
7.
IDEM’s investigation revealed that the Respondent’s
operations at the Facility generated various solid wastes, including, but not
limited to: mica mud sludge, mica filter
media, filter rinse sludge, unusable filters, compactor waste streams, process
wastewater, PVC pellets, and shredded wire.
Additionally, IDEM’s investigation revealed that one or more of the
solid wastes generated by the Respondent at the Facility contained, among other
things, various contaminants including, but not limited to, lead, copper, chlorides,
and dissolved solids.
8.
329
9.
Pursuant to 40 CFR 262.11, a person who generates a solid
waste must determine if that waste is hazardous.
IDEM’s investigation revealed that the Respondent did not make hazardous waste
determinations on the following wastes, which were solid wastes generated by
the Respondent at the Facility, in violation of 329 IAC 3.1:
A.
Mica mud sludge;
B.
Mica filter media;
C.
Filter rinse sludge;
D.
Unusable filters;
E.
Compactor waste;
F.
Process wastewater and other sludges; and
G.
Any and all other wastes associated with the Facility’s
operations.
10.
The results of toxicity characteristic leaching procedure
analyses conducted on samples obtained by IDEM on August 25, 2004, and
September 9, 2004, and samples obtained on January 13, 2005 by an independent
laboratory retained by the Respondent, indicate that the mica mud sludge, mica
filter media, and the process wastewater generated by the Respondent at the Facility
contain lead concentrations that exceed the hazardous waste regulatory
threshold for lead, set forth in 40 CFR Part 261, of 5.0 milligrams per
liter. Thus, the mica mud sludge, mica
filter media, and the process wastewater generated by the Respondent at the Facility
are hazardous wastes, designated as United States Environmental Protection
Agency (“EPA”) Hazardous Waste Code D008, and the Respondent is a hazardous
waste generator.
11.
Pursuant to 40 CFR 262.12(c), a generator must not offer its
hazardous waste to transporters or to treatment, storage, or disposal
facilities that have not received an EPA identification number.
IDEM’s investigation revealed that the Respondent offered hazardous waste [mica
mud sludge (EPA Hazardous Waste Code D008) and mica filter media (EPA Hazardous
Waste Code D008)] to a transporter that did not have an EPA identification
number (SES Environmental), and to a disposal facility that did not have an EPA
identification number (Three Oaks Landfill).
Additionally, IDEM’s investigation revealed that the Respondent offered,
to the LaPorte County Highway Department, which did not have an EPA
identification number, hazardous waste [process wastewater (EPA Hazardous Waste
Code D008)], for use on county roads as dust suppressant, which constitutes
disposal, in violation of 329 IAC 3.1.
12.
Pursuant to 40 CFR 262.20, a generator who transports or
offers for transportation, hazardous waste for off-site treatment, storage, or
disposal, must prepare a manifest.
IDEM’s investigation revealed that the Respondent offered hazardous waste for
transportation off-site without preparing a manifest, in violation of 329 IAC
3.1.
13.
Pursuant to Indiana Code (“IC”) 13-30-2-1(12), a person may
not cause or allow the transportation of a hazardous waste without a manifest
if a manifest is required by law.
IDEM’s investigation revealed that the Respondent caused or allowed the
transportation of hazardous waste without manifests required by law, in
violation of IC 13-30-2-1(12).
14.
Pursuant to 40 CFR 268.7(a)(2), if a generator determines
that a waste does not meet treatment standards, the generator must submit to
the treatment, storage, or disposal facility a one-time notice and
certification.
a.
IDEM’s investigation revealed that the Respondent failed to
provide to a disposal facility (Three Oaks Landfill in
15.
Pursuant to 40 CFR 270.1(c), a permit is required for the
treatment, storage and disposal of any hazardous waste as identified or listed
in 40 CFR Part 261.
IDEM’s investigation revealed that the Respondent stored, treated, and/or
disposed of hazardous waste identified or listed in 40 CFR Part 261 without a
permit. Specifically, the Respondent
stored and/or treated and/or disposed of, into a surface impoundment located on
property adjoining the Site, process wastewater (EPA Hazardous Waste Code
D008), without a permit, in violation of 329 IAC 3.1.
16.
Pursuant to IC 13-30-2-1(10), a person may not commence or
engage in the operation of a hazardous waste facility without having first
obtained a permit from IDEM.
IDEM’s investigation revealed that the Respondent operated a hazardous waste
facility without having first obtained a permit from IDEM, in violation of IC
13-30-2-1(10).
17.
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 IDEM of its hazardous waste activity on the
approved forms.
IDEM’s investigation revealed that the Respondent failed to notify the
Commissioner of IDEM of its hazardous waste treatment, storage, and/or disposal
activities, in violation of 329 IAC 3.1.
18.
Pursuant to 40 CFR 264.1, the owners and operators of a
facility which treats, stores, or disposes of hazardous waste must comply with
all applicable portions of 40 CFR 264.
IDEM’s investigation revealed that Respondent failed to comply with
requirements contained in 40 CFR 264 with respect to the surface impoundment
located on property adjacent to the Site into which the Respondent disposed of
hazardous waste without a permit, in violation of 329 IAC 3.1.
19.
Pursuant to 329 IAC 10-4-2, no person shall cause or allow
the storage, containment, processing, or disposal of solid waste in a manner
which creates a threat to human health or the environment, including the
creating of a fire hazard, vector attraction, air or water pollution, or other
contamination.
IDEM’s investigation revealed that Respondent caused or allowed the storage,
containment, processing, and/or disposal of solid waste in a manner that
created a threat to human health and/or the environment, including the threat
of water pollution (by depositing solid waste into a surface impoundment
located on property adjacent to the Site, which may have a hydrological
connection to the groundwater), in violation of 329 IAC 10-4-2.
20.
Pursuant to 329 IAC 10-4-3, open dumping and open dumps, as
those terms are defined in IC 13-11-2-146 and IC 13-11-2-147, are prohibited.
IDEM’s investigation revealed that the Respondent caused and/or allowed the
open dumping of solid wastes at the Site and/or on property located adjacent to
the Site, in violation of 329 IAC 10-4-3.
21.
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.
IDEM’s investigation revealed that the Respondent caused
and/or allowed the discharge of contaminants and/or wastes into the
environment, in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3, thus violating
IC 13-30-2-1(1).
22.
Pursuant to IC 13-30-2-1(3), a person may not 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 (1) of
the boards.
IDEM’s investigation revealed that the Respondent caused and/or allowed
contaminants to be deposited on land located at the Site and/or adjacent to the
Site, in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3, thus violating IC
13-30-2-1(3).
23.
Pursuant to IC 13-30-2-1(4), a person may not deposit or
cause or allow the deposit of any contaminants or solid waste upon the land,
except through the use of sanitary landfills, incineration, composting,
garbage, or another method acceptable to the solid waste management board.
IDEM’s investigation revealed that the Respondent caused and/or allowed
contaminants and/or solid waste to be deposited upon land located at the Site
and/or adjacent to the Site, in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3,
thus violating IC 13-30-2-1(4).
24.
Pursuant to IC 13-30-2-1(5), a person may not dump, cause or
allow the open dumping of garbage or of any other solid waste in violation of
rules adopted by the solid waste management board.
a.
IDEM’s investigation revealed that the Respondent caused
and/or allowed the open dumping of solid waste at the Site and/or on property
adjacent to the Site, in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3, thus
violating IC 13-30-2-1(5).
25.
Respondent had not notified EPA or IDEM of hazardous waste
activities at the time of the IDEM inspections.
However, based on the results of the IDEM inspections, Respondent has
been assigned the following EPA identification number: U.S. EPA IND No. INR000112557.
26.
Although IDEM did not receive proper notice, IDEM is aware
that Respondent has filed for bankruptcy, under Chapter 11 of the United States
bankruptcy code. Pursuant to 11 U.S.C
362(b)(4), during the pendency of the bankruptcy proceeding, IDEM is entitled
to exercise its regulatory authority to enforce environmental laws. This Order is not a collection attempt, but
rather, an effort by IDEM to procure compliance with environmental laws, and is
thus consistent with 11 U.S.C 362(b)(4).
27.
On July 1, 2005, a Notice of Violation was issued, pursuant
to IC 13-30-3-3, to the Respondent for the violations cited above. Respondent received this Notice of Violation
on July 5, 2005.
The Notice of Violation contained an offer to enter into an Agreed Order,
in accordance with IC 13-30-3-3.
28.
More than sixty (60) days have elapsed since Respondent was
offered the opportunity to enter into an Agreed Order.
29.
The Respondent has not entered into an Agreed Order
resolving the violations cited above.
ORDER
1.
The Respondent shall immediately cease and desist violation
of 40 CFR 262.11, 40 CFR 262.12(c), 40 CFR 262.20, IC 13-30-2-1(12), 40 CFR
268.7(a)(2), 40 CFR 270.1(c), IC 13-30-2-1(10), 329 IAC 3.1-1-10, 40 CFR 264.1,
329 IAC 10-4-2, 329 IAC 10-4-3, IC 13-30-2-1(1), IC 13-30-2-1(3), IC
13-30-2-1(4), and IC 13-30-2-1(5).
2.
Within thirty (30) days of the Effective Date, Respondent
shall, in a manner approved by IDEM, remove and properly dispose of, as
hazardous wastes, any mica mud sludge, mica filter media, and process
wastewater present at the Site, and shall submit documentation of removal and
proper disposal to IDEM.
3.
Within thirty (30) days of the Effective Date, Respondent
shall make waste determinations, in accordance with 40 CFR 262.11, for any and
all wastes present at the Site, (with the exception of mica mud sludge, mica
filter media, and process wastewater), including, but not limited to, any
materials deposited in the piping leading from the Site to the surface impoundment
located on the property adjacent to the
Site, and shall submit the results of the waste determinations to IDEM.
4.
Within sixty (60) days of the Effective Date, Respondent
shall remove and properly dispose of, in a manner consistent with the results
of the waste determinations, and in a manner approved by IDEM, any and all
wastes present at the Site (with the exception of mica mud sludge, mica filter
media, and process wastewater, which shall be removed and properly disposed of
in accordance with Order 2 above), and shall submit documentation of removal
and proper disposal to IDEM.
5.
Upon the Effective Date, Respondent shall comply with 40 CFR
262.12(c). Specifically, Respondent
shall not offer its hazardous waste to transporters or to treatment, storage,
or disposal facilities that have not received an EPA identification number.
6.
Upon the Effective Date, Respondent shall comply with 40 CFR
262.20 and IC 13-30-2-1(12).
Specifically, Respondent shall prepare a manifest whenever hazardous
waste is transported or offered for transport for off-site treatment, storage,
or disposal.
7.
Upon the Effective Date, Respondent shall comply with 40 CFR
268.7(a)(2). Specifically, Respondent
shall provide a one-time notice and certification to the treatment, storage, or
disposal facility for any waste that does not meet treatment standards.
8.
Within ninety (90) days of the Effective Date, Respondent
shall, with respect to all portions of the Site upon which solid waste and/or
contaminants was deposited, excavate the soil six (6) inches beyond visible
contamination, and submit documentation of the completed excavation to IDEM.
9.
Within thirty (30) days of the Effective Date, Respondent
shall submit, to IDEM, for approval, four (4) copies of a hazardous waste
closure plan for the surface impoundment located on property adjacent to the
Site into which hazardous waste was deposited.
The closure plan shall be completed in accordance with the provisions of
40 CFR 264 Subpart G, as incorporated by 329 IAC 3.1-9-1.
10.
Within ten (10) days of notice of IDEM’s approval of the
closure plan, Respondent shall implement the plan as approved and in accordance
with the time frames contained therein.
11.
In the event IDEM determines that any plan, including the
hazardous waste closure plan, submitted by Respondent is deficient or otherwise
unacceptable, Respondent shall revise and resubmit the plan to IDEM in
accordance with IDEM's notice. After
three (3) submissions of such plan by Respondent, IDEM may modify and approve
any such plan and Respondent must implement the plan as modified by IDEM. The approved plan shall be incorporated into
this Order and shall be deemed an enforceable part thereof.
12.
Within thirty (30) days of the Effective Date, Respondent
shall establish financial assurance for the hazardous waste closure of the
surface impoundment located on property adjacent to the Site into which
hazardous waste was deposited, pursuant to 329 IAC 3.1-15-8.
13.
Within thirty (30) days of the Effective Date, Respondent
shall demonstrate financial responsibility for claims arising from the
operation of said facility from sudden and accidental occurrences that cause
injury to persons or property, pursuant to 329 IAC 3.1-15-8.
14.
Within ten (10) days of the Effective Date, Respondent shall
comply with 329 IAC 3.1-1-10.
Specifically, Respondent shall notify the Commissioner of its hazardous
waste activity(s) on the approved forms.
15.
Within thirty (30) days of the Effective Date, Respondent
shall comply with 40 CFR 264.1. Specifically,
Respondent shall comply with the applicable portions of 40 CFR 264.
16.
All submittals required by this Commissioner's Order, unless
notified otherwise in writing, shall be sent to:
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Brenda
Lepter, Enforcement Case Manager |
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Indiana
Department of Environmental Management |
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Office
of Enforcement Mail Code 60-02 |
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100
N. Senate Avenue |
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Indianapolis,
IN 46204-2251 |
17.
This Order shall apply to and be binding upon the
Respondent, its successors and
assigns. No change in ownership,
corporate, or partnership status of the Respondent shall in any way alter its
status or responsibilities under this Order.
EFFECTIVE
DATE OF ORDER
Pursuant to IC 13-30-3-5, this
Order takes effect twenty (20) days following receipt unless you request review
of this Order, before the twentieth day after receipt, by filing a written
request for review with the Office of Environmental Adjudication, and serving a
copy of the request for review upon the Commissioner of the Indiana Department
of Environmental Management. You may
request that the Office of Environmental Adjudication conduct a hearing to
review this Order, under IC 4-21.5, in its entirety, or you may limit your
request for review to specific findings and/or orders contained in this
Order. Requests for review must be
submitted to the Office of Environmental Adjudication and the Commissioner of
the Indiana Department of Environmental Management at the following addresses:
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Director |
Commissioner |
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Office of Environmental Adjudication |
IDEM |
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Indiana Government Center North |
Indiana Government Center North |
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100 North Senate Avenue, Room 1049 |
100 North Senate |
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Indianapolis, Indiana 46204 |
Indianapolis, Indiana
46204-2251 |
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Failure to properly submit
a request for review, before the twentieth day following receipt of this Order
of the Commissioner, waives your right to administrative review of this Order
and your right to judicial review of the Order.
The petition for administrative review must contain the following
information:
a.
Name, address, and telephone number of each person filing
the petition.
b.
Identification of the interest of each petitioner in the
subject of the petition.
c.
Statement of facts demonstrating that the petitioner is:
(A)
a person to whom the order is directed;
(B)
aggrieved or adversely affected by the order; or
(C)
entitled to review under any law.
d.
Statement with particularity of the legal issues proposed
for consideration in the proceedings.
The petition for
administrative review should also contain the following information:
a.
Identification of any persons represented by the person
making the request.
b.
Statement identifying the person against whom administrative
review is sought.
c.
A copy of the notice of the commissioner’s action issued by
the department of environmental management which is the basis of the petition
for administrative review.
d.
Statement indicating the identification of petitioner’s
attorney or other representative.
If you have procedural or
scheduling questions regarding your request for review you may contact the
Office of Environmental Adjudication at (317) 232-8591.
Dated
at Indianapolis, Indiana, this ______ day of ________________, 2006.
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Signed on 4/25/06 |
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Thomas
W. Easterly |
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Commissioner |
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cc: |
Director,
Northwest Regional Office |
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LaPorte
County Health Department |
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Ms.
Hala Silvey, Office of Legal Counsel |
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Mr.
Scott Ormsby, Office of Land Quality |
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Mr.
John Crawford, Office of Land Quality |
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Mr.
Michael Kuss, Office of Water Quality |
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Ms.
Nancy Johnston, Office of Enforcement |
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OLQ
IB2 File |
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