NOTICE OF VIOLATION
Via Certified Mail#
To: Mr. Ben Ziolkowski, President and Registered Agent
Ziolkowski Construction, Inc.
1005 South Lafayette
South Bend, Indiana 46620
Case No. 2001-10405-H
Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on February 8, 2001, Ziolkowski Construction, Inc., located at 1319 South Lafayette Boulevard, South Bend, was in violation of the following environmental statute and rules:
Article 3.1 of Title 329 incorporates many of the federal hazardous waste management standards found in 40 CFR 260 through 40 CFR 273.
1. Pursuant to IC 13-30-2-1(10) and 40 CFR 270.1(c), no person shall commence or engage in the operation of a hazardous waste facility without having first obtained a permit from IDEM. This facility operated as a treatment facility without having first obtained a permit.
2. Pursuant to 40 CFR 264.1(b), owners and operators of all facilities which treat, store, or dispose of hazardous waste are subject to the requirements of 40 CFR Part 264. This facility treated hazardous waste without complying with the requirements of 40 CFR 264.
3. 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 its hazardous waste activity on the approved forms. This facility failed to notify the Commissioner of transporter and treatment activities.
4. Pursuant to 40 CFR 263.11, a transporter must not transport hazardous wastes without having first received an EPA identification number. The facility transported hazardous waste without an EPA identification number.
5. Pursuant to 40 CFR 263.20, a transporter may not accept hazardous waste from a generator unless it is accompanied by a manifest. This facility accepted hazardous waste from a generator without a manifest.
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.
Please contact Lori Colpaert at 317/232-7202 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter.
For the Commissioner:
Signed September 11, 2001
Date: _______________ _________________________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
cc: St. Joseph County Health Department (w/enclosure)
Michael Byron, Office of Legal Counsel (w/enclosure)
Nancy Johnston, Office of Enforcement (w/enclosure)
Roger Wilson, Office of Land Quality (w/enclosure)
Terry Coleman, Northern Regional Office (w/enclosure)
OLQ 1B2 File (w/enclosure)
http://www.state.in.us/idem