STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
IN THE MATTER OF THE: )
)
COMMISSIONER, INDIANA DEPARTMENT OF )
ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
) CAUSE NO. H-12166a
)
v. )
)
MAJJEC & GARY WALTERS TRUST )
)
)
)
Respondents. )
TO: Gary W. Walters
4708 East Minnesota
Indianapolis, Indiana 46203
VIA CERTIFIED MAIL NO.
This Notice and Order of the Commissioner of the Department of Environmental
Management is issued against Majjec and Gary Walters Trust (the Respondents) for violation of
329 IAC 3.1 and IC 13-30. This Order is issued pursuant to IC 13-30-3-4, IC 13-30-3-10, IC
13-30-3-11, and IC 4-21.5-3-6 and is based on violations found during investigations and record
reviews conducted by the Office of Solid and Hazardous Waste Management. During these
investigations and record reviews, it was determined that the Respondents were in violation of
329 IAC 3.1 and IC 13-30, as specified below:
1. Complainant is the Commissioner (hereinafter referred to as "Complainant") of
the Indiana Department of Environmental Management (hereinafter referred to as
"IDEM"), a department of the State of Indiana created by IC 13-13-1-1.
2. Complainant has jurisdiction over the parties and the subject matter of this action.
3
. Respondents are Majjec ("Respondent Majjec"), who operated a place of business
located at 230 Jackson Street, Anderson, Indiana at the time of the October 21,
1994 inspection by the IDEM and Gary Walters Trust ("Respondent GW Trust")
who was deeded the property on May 31, 1995 and is current owner of the
property.
4. Respondent Majjec was a tire recycler. When Respondent Majjec began
operations at this location, Respondent Majjec assumed responsibility for
hazardous wastes left behind from a previous owner. At the time of the
inspection, the site had been assigned the U.S. EPA ID# IND 045231651, which
had been assigned to the previous owner. Respondent Majjec had failed to notify
the U.S. EPA of a change in ownership of the site or the IDEM of its hazardous
waste activities. Respondent Majjec went out of business, leaving behind the
hazardous wastes that it had assumed responsibility for. Responsibilty for the
hazardous wastes was thus left for future owners and/or operators.
5. Based upon an investigation of the facility on October 21, 1994, by the Office of
Solid and Hazardous Waste Management (hereinafter referred to as the
"OSHWM") of the IDEM, the IDEM contends that the following violations were
in existence or observed at the time of the inspections.
a. Pursuant to IC 13-30-2-1(10) and 40 CFR 270.1(c), no person may
commence or engage in the operation of a hazardous waste facility
without having first obtained a permit from the IDEM. Based on
information gathered by the IDEM, Respondent Majjec became the
owner/operator of a storage facility when hazardous waste had been stored
on-site for at least two (2) years. The following containers and tanks (but
not necessarily all-inclusive) of hazardous waste had been stored on-site
for greater than 90 days in the following areas:
1. thirteen (13) tanks ranging from 100-2000 gallons both
inside and outside of the building;
2. fourteen (14) 55-gallon drums inside the
building;
3. a brown roll-off container outside the building.
b. Pursuant to 329 IAC 3.1-1-10 and 40 CFR 264.11, every
hazardous waste generator, transporter, or owner or operator of a
hazardous waste storage facility shall notify the Commissioner of
such activities on forms provided by the Commissioner, and every
facility owner or operator must apply to the EPA for an EPA
identification number. Based on information gathered by the
IDEM, Respondent Majjec failed to notify the Commissioner of its
hazardous waste storage facility activities and failed to notify the
EPA of a change in ownership at the facility.
c. Pursuant to 40 CFR 264.1(b), owners and operators of all facilities
which treat, store, or dispose of hazardous waste must comply with
the standards of 40 CFR Part 264. Based on information gathered
by the IDEM, Respondent Majjec failed to comply with any of the
requirements of 40 CFR Part 264.
d. Pursuant to 40 CFR 264.13(a)(1), before an owner or operator
treats, stores, or disposes of any hazardous wastes, he must obtain
a detailed chemical and physical analysis of a representative
sample of the wastes. Based on information gathered by the
IDEM, Respondent Majjec failed to obtain a detailed chemical and
physical analysis of a representative sample of the wastes that were
stored on-site.
e. Pursuant to 40 CFR 268.50(a)(2), the storage of hazardous wastes
restricted from land disposal is prohibited unless each container is
clearly marked to identify its contents and the date each period of
accumulation begins and each tank is marked with the same, unless
the information for each tank is recorded and maintained in the
operating record at the facility. Based on information gathered by
the IDEM, Respondent Majjec failed to mark each container to
identify its contents and the date each period of accumulation
began and failed to mark each tank with the same information or to
record and maintain the information for each tank in the operating
record.
6. Based upon the Findings in paragraph 5 above, and pursuant to IC 13-30-3-3,
IDEM issued a Notice of Violation on August 20, 1997 via Certified Mail to:
Mr. Gary W. Walters Mr. Charles Colbert
4708 East Minnesota Acquisition Investment Corp.
Indianapolis, Indiana 46203 26291 Yolanda St.
Logoona Hills, California 92656
Respondent Gary Walters (as President of Majjec) received the Notice of
Violation on August 25, 1997. The Notice of Violation issued to Acquisition
Investment Corp. (the owner of Majjec) went unclaimed.
7. On November 2, 1994, a Hazardous Waste Determination letter, which requested
a response, was sent to Respondent Majjec at the facility address by the
OSHWM's Hazardous Waste Compliance Section. A response was never
received.
8. On February 3, 1995, OSHWM referred this case to IDEM's Office of
Enforcement. After this date, several attempts were made to contact the
Respondent Majjec.
9. On December 12, 1995, a case development investigation was conducted at the
site by the OSHWM of the IDEM. Respondent Majjec had gone out of business
and no activity was taking place at the site. Respondent GW Trust owned the
property at the time of the inspection. The hazardous wastes, of issue in
Finding 5a. above, were still being stored on-site. Based upon this investigation,
the IDEM contends the following violations were in existence or observed at the
time of the inspection.
a. Pursuant to IC 13-30-2-1(10)) and 40 CFR 270.1(c), no person
may commence or engage in the operation of a hazardous waste
facility without having first obtained a permit from the IDEM.
Based on information gathered by the IDEM, Respondent GW
Trust became the owner/operator of a storage facility when
hazardous waste had been stored on-site for at least two (2) years.
The following containers and tanks (but not necessarily all-
inclusive) of hazardous waste had been stored on-site for greater
than 90 days in the following areas:
1. thirteen (13) tanks ranging from 100-2000 gallons both
inside and outside of the building;
2. fourteen (14) 55-gallon drums inside the
building;
3. a brown roll-off container outside the building.
b. Pursuant to 329 IAC 3.1-1-10 and 40 CFR 264.11, every
hazardous waste generator, transporter, or owner or operator of a
hazardous waste storage facility shall notify the Commissioner of
such activities on forms provided by the Commissioner, and every
facility owner or operator must apply to the EPA for an EPA
identification number. Based on information gathered by the
IDEM, Respondent GW Trust failed to notify the Commissioner of
its hazardous waste storage facility activities and failed to notify
the EPA of a change in ownership at the facility.
c. Pursuant to 40 CFR 264.1(b), owners and operators of all facilities
which treat, store, or dispose of hazardous waste must comply with
the standards of 40 CFR Part 264. Based on information gathered
by the IDEM, Respondent GW Trust failed to comply with any of
the requirements of 40 CFR Part 264.
d. Pursuant to 40 CFR 264.13(a)(1), before an owner or operator
treats, stores, or disposes of any hazardous wastes, he must obtain
a detailed chemical and physical analysis of a representative
sample of the wastes. Based on information gathered by the
IDEM, Respondent GW Trust failed to obtain a detailed chemical
and physical analysis of a representative sample of the wastes that
were stored on-site.
e. Pursuant to 40 CFR 268.50(a)(2), the storage of hazardous wastes
restricted from land disposal is prohibited unless each container is
clearly marked to identify its contents and the date each period of
accumulation begins and each tank is marked with the same, unless
the information for each tank is recorded and maintained in the
operating record at the facility. Based on information gathered by
the IDEM, Respondent GW Trust failed to mark each container to
identify its contents and the date each period of accumulation
began and failed to mark each tank with the same information or to
record and maintain the information for each tank in the operating
record.
10. Based upon the Findings in paragraph 9 above, and pursuant to IC 13-30-3-3,
IDEM issued a Notice of Violation on August 20, 1997 via Certified Mail to:
Gary Walters Trust
c/o Gary Walters
4708 East Minnesota
Indianapolis, Indiana 46203
The Gary Walters Trust ((c/o) Gary Walters) received the Notice of Violation on
August 25, 1997.
11. On February 6, 1996, IDEM staff received a telephone call from the President of
Majjec, Mr. Gary Walters. A copy of the Hazardous Waste Determination letter
was faxed to him at that time. The letter required that a response be submitted to
the IDEM within thirty (30) days of its receipt. A response was not received.
12. On June 20, 1996, another case development investigation was completed at the
site. The hazardous wastes of issue in Finding 5a. above were still being stored
on-site, as were drums of hazardous waste in a semi-trailer located
outside the fenced area of the property. IDEM staff took pH samples which
demonstrated that many of the wastes were extremely acidic. Respondent GW
Trust was listed as owner of the site.
13. On June 26, 1996, another case development investigation was completed at the
site. Eight (8) liquid and two (2) solid hazardous waste samples were taken by
IDEM at that time. The results from those samples demonstrated that the liquid
samples were characteristically hazardous for corrosivity and contained elevated
amounts of lead, while the solid samples were characteristically hazardous for
lead and also contained a small amount of cadmium.
14. On June 5, 1997, an enforcement case development inspection was conducted at
the facility. The hazardous wastes at issue in Finding 5a. above were still being
stored on-site, as was the semi-trailer holding drums of hazardous waste.
Respondent GW Trust was still listed as owner of this site.
15. Based upon investigations of the facility on June 20, 1996, and June 5, 1997, and
the results of a sampling investigation performed at the facility on June 26, 1996,
by the OSHWM of the IDEM, the IDEM contends the following violations were
in existence or observed at the time of the inspections.
a. Pursuant to IC 13-30-2-1(10) and 40 CFR 270.1(c), no person may
commence or engage in the operation of a hazardous waste facility
without having first obtained a permit from the IDEM. Based on
information gathered by the IDEM, Respondent GW Trust became
the owner/operator of a storage facility when hazardous waste had
been stored on-site for at least two (2) years. The following
containers and tanks (but not necessarily all-inclusive) of
hazardous waste had been stored on-site for greater than 90 days in
the following areas:
1. thirteen (13) tanks ranging from 100-2000 gallons both
inside and outside of the building;
2. fourteen (14) 55-gallon drums inside the
building;
3. a brown roll-off container outside the building;
4. drums in a semi-trailer located outside the fenced area.
b. Pursuant to 329 IAC 3.1-1-10 and 40 CFR 264.11, every
hazardous waste generator, transporter, or owner or operator of a
hazardous waste storage facility shall notify the Commissioner of
such activities on forms provided by the Commissioner, and every
facility owner or operator must apply to the EPA for an EPA
identification number. Based on information gathered by the
IDEM, Respondent GW Trust failed to notify the Commissioner of
its hazardous waste storage facility activities and failed to notify
the EPA of a change in ownership at the facility.
c. Pursuant to 40 CFR 264.1(b), owners and operators of all facilities
which treat, store, or dispose of hazardous waste must comply with
the standards of 40 CFR Part 264. Based on information gathered
by the IDEM, Respondent GW Trust failed to comply with any of
the requirements of 40 CFR Part 264.
d. Pursuant to 40 CFR 264.13(a)(1), before an owner or operator
treats, stores, or disposes of any hazardous wastes, he must obtain
a detailed chemical and physical analysis of a representative
sample of the wastes. Based on information gathered by the
IDEM, Respondent GW Trust failed to obtain a detailed chemical
and physical analysis of a representative sample of the wastes that
were stored on-site.
e. Pursuant to 40 CFR 268.50(a)(2), the storage of hazardous wastes restricted from land disposal is prohibited unless each container is clearly marked to identify its contents and the date each period of accumulation begins and each tank is marked with the same, unless the information for each tank is recorded and maintained in the
operating record at the facility. Based on information gathered by
the IDEM, Respondent GW Trust failed to mark each container to
identify its contents and the date each period of accumulation
began and failed to mark each tank with the same information or to
record and maintain the information for each tank in the operating
record.
16. Based upon the Findings in paragraph 15 above, and pursuant to IC 13-30-3-3,
IDEM issued a Notice of Violation on August 20, 1997 via Certified Mail to:
Gary Walters Trust
c/o Gary Walters
4708 East Minnesota
Indianapolis, Indiana 46203
The Gary Walters Trust ((c/o) Gary Walters) received the Notice of Violation on
August 25, 1997.
17. The Notice of Violation contained an offer to enter into an Agreed Order
containing actions required to correct the violations. Respondents have not
responded to the Notice of Violation and have failed to correct the violations.
18. On March 20, 1998, IDEM staff sent a letter to Respondents (c/o Gary Walters)
notifiying them of the opportunity to participate in a settlement conference for
this case to be held on April 13, 1998. The letter also reminded the Respondents
that a response to the Notice of Violation was necessary. Respondents did not
participate in the settlement conference and did not respond to the Notice of
Violation.
19. On April 20, 1998, Respondents (c/o Mr. Gary Walters) contacted IDEM staff
indicating that they would be submitting documentation to the IDEM regarding
ownership of the site. More than thirty (30) days have elapsed and no
documentation has been received by the IDEM.
20. More than sixty (60) days have elapsed since Respondents were offered
the opportunity to enter into an Agreed Order.
21. Despite repeated attempts to contact the Respondents and resolve these violations,
Respondents have not entered into an Agreed Order.
1. Within fifteen (15) days of the effective date of the Order, Respondents shall
obtain a detailed physical and chemical analysis for all hazardous wastes stored at
the facility, pursuant to 40 CFR 264.13(a)(1).
2. Within fifteen (15) days of the effective date of the Order, Respondents shall
clearly mark each container and tank holding hazardous waste to identify its
contents and the date upon which each period of accumulation began, pursuant to
40 CFR 268.50(a)(2).
3. Within thirty (30) days of the effective date of the Order, Respondents shall cease
acting as a storage facility by offering for transport and disposal to permitted
facilities all hazardous wastes which have accumulated on-site. All manifests for
hazardous waste shall be prepared pursuant to 329 IAC 3.1-7-8 and 329 IAC 3.1-
7-11. Respondents shall provide documentation to the IDEM (including copies of
manifests and all notifications and certifications required by 40 CFR 268.7) that
all wastes have been properly disposed.
4. Within thirty (30) days of the effective date of the Order, Respondents shall
submit to the IDEM for approval, a closure plan(s) for each area of the facility
where hazardous wastes have been stored for greater than ninety (90) days, in
accordance with the provisions of 40 CFR 264, Subpart G.
5. Upon notice of approval of the closure plan(s) by the IDEM, Respondents shall
implement the approved plan(s) in accordance with the time frames contained
therein.
6. Within thirty (30) days of the effective date of the Order, Respondents shall
provide financial assurance for closure, pursuant to 329 IAC 3.1-15-4.
7. Within thirty (30) days of the effective date of the Order, Respondents shall
ensure that all applicable 40 CFR Part 264 requirements are complied with until
closure is certified complete.
8. Upon the effective date of the Order, Respondents shall notify the Commissioner
of the IDEM of its hazardous waste activities and shall notify the U.S. EPA of the
change in ownership of the facility, pursuant to 329 IAC 3.1-1-10 and 40 CFR
264.11.
9. All submittals required by this Order, unless notified otherwise in writing, shall
be sent to:
Brenda Lepter
Office of Enforcement
Hazardous Waste Section
Indiana Department of
Environmental Management
P.O. Box 6015
Indianapolis, Indiana 46206-6015
10. The Respondents shall pay a civil penalty of $58,500 for violation of 329 IAC 3.1
and IC 13-30. This penalty shall be remitted to the Department of Environmental
Management within thirty (30) days of the effective date of the Order. Checks
shall be made payable to the Environmental Management Special Fund, with the
Cause Number indicated on the check(s) and mailed to Cashier, IDEM, 100 N.
Senate Avenue, P.O. Box 7060, Indianapolis, IN 46207-7060.
11. Within thirty days (30) of the effective date of the Order, Respondents shall pay
as reimbursement, for expenses incurred by the June 26, 1996 sampling event, the
amount of $738.61 to the IDEM. Payment shall be made payable to the Indiana
Department of Environmental Management. This payment shall be addressed to
the Office of Enforcement, Attention: Ms. Brenda Lepter.
12. The Respondents shall pay an additional civil penalty of $1000 per day for each
day of noncompliance with the time limits set forth in this Order.
13. In the event that the civil penalty required by paragraph 10. is not paid within
thirty (30) days of the effective date of this Agreed Order, Respondents shall pay
interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The
interest shall continue to accrue until the civil penalty is paid in full.
14. This Order shall apply to and be binding upon the Respondents, its officers,
directors, principals, agents, successors, subsidiaries, and assigns.
15. The Respondents shall provide a copy of this Agreed Order, if in force, to any
subsequent owners or successors before ownership rights are transferred.
Respondents shall by contract require that all contractors, firms, and other persons
acting for it comply with the terms of this Agreed 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. Pursuant to IC 4-21.5-3-7, 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 of fact 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:
Director Commissioner
Office of Environmental Adjudication Indiana Dept. of Environmental Management
ISTA Building Indiana Government Center North
150 W. Market Street 100 N. Senate
Suite 618 P.O. Box 6015
Indianapolis, Indiana 46204 Indianapolis, Indiana 46206-6015
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 pursuant to IC 4-21.5-3-7 and your right to judicial review of the Order pursuant to IC 4-
21.5-5-4. The request for review must contain the following information:
A statement of facts demonstrating that:
a. You are the person to whom this Order is specifically directed;
b. You are aggrieved or adversely affected by this Order; or
c. You are entitled to review by law.
The following information should be included in order to expedite review by the Office
of Environmental Adjudication:
Identification of the cause number of this Order, the specific findings of fact and/or
orders to be reviewed, and the legal basis for your challenge to this Order. In addition, your
request for review should include the name, address, and phone number of the entity or
individual to whom this Order is specifically directed. 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 _____________ 1998.
Signed on 6/26/98
__________________________
John M. Hamilton, Commissioner
cc: Madison County Health Department
Ms. Loraine Seyfried
Ms. Lisa Frost
Ms. Nancy Johnston
http://www.ai.org/idem
Converted by Andrew Scriven