NOTICE OF VIOLATION
Via Certified Mail# _______________
To: Philip F. Cato, President and Registered Agent
Clark-Floyd Landfill Corporation
7769 Smith Creek Road
Lanesville, IN 47136
Case No. 2001-10339-A
Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) Clark-Floyd Landfill Corporation ("CFLC"), which owns and operates the municipal solid waste landfill located at 14304 State Road 60, in Borden, Indiana, was in violation of the following environmental statute(s), rule(s), and/or permit(s):
A. Pursuant to 326 IAC 2-6-3, the owner or operator any facility in Clark, Elkhart, Floyd, Lake, Marion, Porter, St. Joseph or Vanderburgh County with the potential to emit volatile organic compounds (VOCs) or oxides of nitrogen (NOx) at levels greater than ten (10) tons per year annually shall submit an emission statement to the Commissioner by April 15 of the following year. In addition, this reporting requirement is included as condition C.18 of CFLC's Part 70 Permit No. T019-10359-00097. This facility failed to submit its emission statement for the 2000, 2001, and 2002 reporting years by April 15 of the respective year, violations of 326 IAC 2-6-3 and condition C.18 of Part 70 Permit No. T019-10359-00097.
B. Pursuant to 326 IAC 2-1.1-11, the commissioner may require stack testing, monitoring, or reporting at any time to assure compliance with all applicable requirements. This section applies to all sources issued a registration, permit, modification approval, or permit revision under this article. Pursuant to condition B.11 of Part 70 No. T019-10359-00097, issued under 326 IAC 2-7, this facility, a municipal solid waste landfill, must submit an annual compliance certification
report which addresses the status of the source's compliance with the terms and conditions of the Part 70 permit as required by 326 IAC 2-7-6(1), by April 15 of each year to cover the time period from January 1 to December 31 of the previous year. This facility failed to submit the annual compliance certification for the reporting year 2001, by April 15, 2002, a violation of condition B.11 of Part 70 No. T019-10359-00097.
C. Pursuant to 326 IAC 2-1.1-11, the commissioner may require stack testing, monitoring, or reporting at any time to assure compliance with all applicable requirements. This section applies to all sources issued a registration, permit, modification approval, or permit revision under this article. Pursuant to condition D.2.2 of Part 70 No. T019-10359-00097, issued under 326 IAC 2-7, this facility, a municipal solid waste landfill, must submit an a semi-annual summary of the information to document compliance with Condition D.2.1, using the reporting forms located at the end of this permit, or their equivalent, within thirty (30) days after the end of the quarter being reported. This facility failed to submit this semi-annual summary for the first half of 2001 by July 31, 2001, and for the second half of 2001, by January 31, 2002, violations of condition B.11 of Part 70 No. T019-10359-00097.
In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged violator in writing that a violation may exist and offer 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.
Entering into an Agreed Order will prevent the issuance of a Notice and 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 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 allow the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violation occurred.
If settlement is not reached within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken 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 for each violation.
To discuss this matter further, please contact Matthew Stuckey at (317) 233-1134 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 for review and signature.
For the Commissioner:
Date: _______________ _(Signed on 2/17/04)_
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: Rochelle Marceillars, U. S. EPA Region 5
Clark County Health Department
Office of Legal Counsel
Matthew Stuckey, Office of Enforcement
Ray Schick, Office of Air Quality
Enforcement File
Public File