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STATE OF INDIANA    )        BEFORE THE INDIANA DEPARTMENT
                )    SS:    OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION    )

COMMISSIONER OF THE DEPARTMENT    )
OF ENVIRONMENTAL MANAGEMENT        )
                            )
        Complainant,                )
                            )
            v.                )        Cause No. SW-302
                            )
WOLF INDUSTRIES, INC.    )
                            )
        Respondent.                )

NOTICE AND ORDER OF THE

COMMISSIONER OF THE

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

VIA CERTIFIED MAIL No. __________________

TO:    Mr. Donald Foster, President            Marvin J. Frank, Registered Agent
    Wolf Industries, Inc.                Wolf Industries, Inc.
    2858 North Pennsylvania Street        First Indiana Plaza
    Indianapolis, Indiana 46205            Suite 1100
                            135 North Pennsylvania Street
                            Indianapolis, Indiana 46204

    Following is the Notice and Order of the Commissioner of the Department of Environmental Management issued against the Respondent for violation of the Indiana Environmental Management Act, IC 13. This Order is issued pursuant to IC 13-30-3-4, IC 13- 30-3-10, IC 13-30-3-11 (IC 13-7-11-2(c) and IC 13-7-11-5 prior to July 1, 1996) and IC 4-21.5- 3-6, and is based on violations found during investigations conducted by the Office of Solid and Hazardous Waste Management. During the investigations, it was determined that the Respondent was in violation of IC 13 and 329 IAC 10 (329 IAC 2 prior to April 13, 1996), as specified below:


FINDINGS OF FACT

1.    Complainant is the Commissioner (hereinafter referred to as "Complainant") of the Indiana Department of Environmental Management (hereinafter referred to as "IDEM").

2.    Wolf Industries, Inc. (hereinafter referred to as "Respondent") is located at 100 Foster Drive, Knightsville, in Clay County, Indiana (hereinafter referred to as the "Site"). IDEM issued Wolf Industries, Inc. a Solid Waste Facility Permit on November 9, 1989, for a tire pyrolysis operation. IDEM issued a Modification (FP 11-5) to the Solid Waste Facility Permit on June 21, 1995.

3.    Complainant has jurisdiction over both the subject matter and the parties to this action.

4.    Pursuant to IC 13-30-3-3 (IC 13-7-11-2(b) prior to July 1, 1996), IDEM issued a Notice of Violation on June 28, 1996 via Certified Mail to:

        Mr. Donald Foster, President        Marvin J. Frank, Registered Agent
        Wolf Industries, Inc.            Wolf Industries, Inc.
        2858 North Pennsylvania Street    First Indiana Plaza
        Indianapolis, Indiana 46205        Suite 1100
                            135 North Pennsylvania Street
                            Indianapols, Indiana 46204

5.    The Respondent received the Notice of Violation on July 1, 1996.

6.    The Site was inspected by Mr. Rick Roudebush, Mr. Andy Clements, and Ms. Jennifer     Shively, IDEM area representatives, on December 7, 1995. The Site was inspected by Mr.     Rick Roudebush and Ms. Jennifer Reno (previously Ms. Jennifer Shively), IDEM area     representatives, on January 23, 1996. The Site was inspected by Mr. Rick Roudebush and     Ms. Kristi Dixon, IDEM area representatives, on May 22, 1996. The Site was inspected     by Mr. Rick Roudebush and Mr. Christopher Brown, IDEM area representatives, on     September 11, 1996.

7.    Based on information gathered and observations during these inspections, the Respondent     has been found in violation of the Indiana Environmental Management Act, IC 13, and/or     the Indiana Administrative Code 329 IAC 10 (329 IAC 2 prior to April 13, 1996), and the     terms and conditions of IDEM Modification to Solid Waste Facility Permit, FP 11-5,     dated June 21, 1995.

8.    On inspections conducted December 7, 1995; January 23, May 22, and September 11,     1996, the Respondent was found in violation of Modification to Solid Waste Facility

    Permit, FP 11-5, Condition A2, which reads "[t]hat no more than 15,000 tires be stored     outside the facility building in enclosed containers." During these inspections, more than
    15,000 tires were stored outside the facility plant inside semi-trailers and three (3) shed     buildings at the Site.

9.    On the above noted inspections, the Respondent was found in violation of Modification to     Solid Waste Facility Permit, FP 11-5, Condition A3, which reads "[n]o more tires shall be     stored within the facility than can be stored in the fourteen (14) piles shown on plot plan     received on October 19, 1989. Each pile provides a depth of 8 feet in a 40 feet by 12 feet     area and an approximate volume of 125 cubic yards which can contain approximately     2,500 tires." During these inspections well over 1,750 cubic yards (35,000 tire          equivalents) were stored inside the facility and were not stored in accordance with the     October 19, 1989, plot plan.

10.    On the above noted inspections, the Respondent was found in violation of 329 IAC 10-13-     6(d) (329 IAC 2-8-11(c) prior to April 13, 1996), which requires, that a modification     request and supporting rationale be submitted and granted before a permittee may make a     modification in facility plans or operations. During these inspections, more than the     permitted 15,000 tires were stored outside of the facility plant, well over 1,750 cubic     yards (35,000 tire equivalents) were stored inside the facility plant, and were not stored in     accordance with the October 19, 1989, plot plan.

11.    On the above noted inspections, the Respondent was found in violation of 329 IAC 12-6-     11 (329 IAC 2-24-12 prior to April 13, 1996), which requires, a) waste tire transporters     to prepare and carry manifests upon a form or format provided by the department, to     retain copies of manifests for at least one (1) year, b) to make copies of manifests available     to the department upon request, and c) to provide completed copies to generators.     During these inspections, copies of manifests were not provided to the department when     requested.

12.    On the above noted inspections, the Respondent was found in violation of Modification to     Solid Waste Facility Permit, FP 11-5 Condition A10, which reads "[t]hat the tire pyrolysis     facility be operated and maintained so as not to create a public nuisance to include, but not     limited to dust, vectors, litter, odors, and fire. The building and ground shall be kept clean     and free of any waste including any stray tires outside their respective storage areas."     During these inspections, bales of tires were stored outside of the facility plant.

13.    On inspections conducted December 7, 1995; January 23 and May 22, 1996, inspections,     the Respondent was found in violation of 329 IAC 11-13-4(c) (329 IAC 2-19-3(c) prior to     April 13, 1996), which requires, solid waste processing facilities shall be cleaned as     necessary to prevent nuisance or public health hazard. During the December 7, 1995, and     January 23, 1996, inspections, environmental spills were observed at the Site. During the

    December 7, 1995, and January 23, 1996, inspections, bales of tires were observed at the     Site.

14.    On inspections conducted December 7, 1995, and January 23, 1996, the Respondent was     found in violation of Solid Waste Facility Permit, FP 11-5, Condition A15, which reads     "[s]afety equipment at the site shall include a fire extinguisher, first aid kit, and an          operational sprinkler system." During these inspections, fire extinguishers were not     operable.

15.    On inspections conducted December 7, 1995, and January 23, 1996, the Respondent was     found in violation of 329 IAC 11-13-5(b) (329 IAC 2-19-2(b) prior to April 13, 1996),     which     requires, equipment must be provided to abate or control fires. During these     inspections, fire extinguishers were not operable.

16.    On inspections conducted December 7, 1995, and January 23, the Respondent was found     in violation of IC 13-11-2-1-    184(b) (IC 13-7-20.1-7 prior to July 1, 1996) which     provides, that "release" means a spill leak, emission, discharge escape, leaching of, or     disposing of petroleum into ground water, surface water, subsurface soils, or surface soils.     During the December 7, 1995 and January 23, 1996, inspections, two (2) areas outside of     the facility were stained with petroleum/pyrolytic oil. One area is located along the     northwest corner of the facility plant. The other area is located along the west fence     behind the the northern most shed building. Pursuant to IC 13-24-1 (IC 13-7-20.1-8 prior     to July 1, 1996), the commissioner may issue an order to require an owner or operator or     a responsible person to undertake removal or remedial action with respect to a release of     petroleum.

17.    On inspections conducted December 7, 1995 and January 23, 1996 the Respondent was in     violation of IC 13-30-2-1 (IC 13-7-4-1(3) prior to July 1, 1996), which provides, that no     person shall deposit any contaminants upon the land in such place and manner which     creates, or which would create, a pollution hazard, or deposit or cause or allow the     deposit of any contaminants or solid waste upon the land except through the use of     sanitary landfills or another method acceptable to the solid waste management board.     During these inpsections, environmental spills were observed at the Site.

18.    In correspondence dated January 17, 1996, the Respondent was notified that the above     noted violations must be corrected within specific time frames.

19.    On February 27, 1996, IDEM staff and the Respondent met at the Site to review the     violations. The Respondent had not made significant progress toward correcting the     violation at the Site.

20.    On July 18, 1996, the Respondent disposed 5,500 gallons of pyrolytic oil at Lone Star     Alternative Fuels located in Greencastle, Putnam County, Indiana. On August 1, 1996,     the Respondent disposed the remaining 300 gallons of pyrolytic oil at Lone Star          Alternative Fuels located in Greencastle, Putnam County, Indiana.

21.    On May 22, 1996, Rick Roudebush inspected the site and found the soil contaminated     from the environmental spills containerized in cardboard boxes.

22.    The Notice of Violation contained an offer to enter into an Agreed Order containing     actions required to correct the violation.

23.    More than sixty (60) days have elapsed since Respondent was offered the opportunity to     enter into an Agreed Order.

24.    The Respondent has not entered into an Agreed Order resolving these violations.

ORDER

1.    The Respondent shall properly dispose of boxes containing contaminated soil within thirty (30) days of the effective date of this Order. Documentation of proper disposal through manifests or receipts shall be sent to IDEM within forty-five (45) days of the effective date of this Order.

2.    The Respondent shall remove bales of wire to a permitted solid waste facility within thirty     (30) days of the effective date of this Order. Documentation of proper disposal through     manifests or receipts shall be sent to IDEM within forty-five (45) days of the effective date     of this Order.

3.    The Respondent shall remove rubber material that came from Goshen and Syracuse,     Indiana to a permitted solid waste facility within forty-five (45) days of the effective date     of this Order. Documentation of proper disposal through manifests and receipts shall be     sent to IDEM within sixty (60) days of the effective date of this Order.

4.    The Respondent shall remove all tires located inside buildings at the Site that exceed the     Respondent's Modification to Solid Waste Facility Permit, FP 11-5, Condition A3     within forty-five (45) days of the effective date of this Order. Documentation of proper     disposal through manifests and receipts shall be sent to IDEM within sixty (60) days of the     effective date of this Order.

5.    The Respondent shall remove all other tires stored on the facility property (including     trailers) to a permitted solid waste facility within seventy-five (75) days of the effective

    date of this Order. Documentation of propert disposal through manifests and receipts     shall be sent to IDEM within ninety (90) days of the effective date of this Order.

6.    All submittals required by this Notice and Order of the Commissioner, unless notified     otherwise in writing, shall be sent to:

    Jennifer Reno, Enforcement Case Manager
    Office of Enforcement
    Indiana Department of Environmental Management
    100 N. Senate Avenue
    P.O. Box 6015
    Indianapolis, IN 46206-6015

7.    The Respondent shall pay a civil penalty of Forty-Three Thousand Nine Hundred Sixty- Two Dollars and Fifty Cents ($43,962.50) for violation of IC 13 and 329 IAC 10 (329 IAC 2 prior to April 13, 1996). This penalty shall be remitted to the Department of Environmental Management within thirty (30) days of the effective date of this Order. Checks shall be made payable to the Environmental Management Special Fund, with the Cause Number indicated on the check and mailed to Cashier, IDEM, 100 North Senate Avenue, P.O. Box 7060, Indianapolis, Indiana 46206-7060.

8.    The Respondent shall pay an additional civil penalty of $1000.00 per day for each day of noncompliance with the time limits set forth paragraphs 1 through 5.

9.    This Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, and assigns.

10.    The Respondent shall provide a copy of this Order, if in force, to any subsequent owners or successors before the ownership rights are transferred. Respondent shall ensure that all contractors, firms, and other persons performing work under this Order comply with the terms of this Order.

EFFECTIVE DATE OF ORDER

    Pursuant to IC 13-30-3-5 (IC 13-7-11-2(d) prior to July 1, 1996), 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 Department of Environmental Management
ISTA Building, Suite 618            IGCN, 100 North Senate Avenue
150 West Market Street            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 ______, 1997.

                                Signed: June 13, 1997                                     Michael O'Connor
                                Commissioner

cc:    Clay County County Health Department
    2B2 Public File, Wolf Industries


Converted by Andrew Scriven