NOTICE OF VIOLATION

Via Certified Mail#

To: Bruce J. Swonger, President Corporation Service Co., Registered Agent

Metropolitan Environmental, Inc. Metropolitan Environmental, Inc.

310 West Market Street 251 East Ohio Street

Celina, Ohio 45822 Suite 500

Indianapolis, Indiana 46204

Case No. 2001-10950-H

Based on investigations by designated representatives of the Indiana Department of Environmental Management (IDEM) on June 28, 2000, July 7, 2000, and March 6, 2001, Metropolitan Environmental, Inc., U.S. EPA ID number INT 190 010 397, located at 3830 South Meeker Avenue, Muncie, Indiana was in violation of the following environmental statutes 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 40 CFR 262.11, a person who generates a solid waste must determine if that waste is hazardous. This facility did not make hazardous waste determinations on eleven (11) 55-gallon containers of waste.

2. Pursuant to 40 CFR 263.12 a transporter may store manifested shipments of hazardous waste for a period of ten days or less without complying with 40 CFR 264. This facility stored hazardous waste greater than ten days without complying with 40 CFR 264.

3. 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 storage facility without having first obtained a permit.

4. 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 storage activities.

5. Pursuant to 40 CFR 268.50(a)(2)(i), an owner/operator of a hazardous waste treatment, storage, or disposal facility may store hazardous waste on-site provided that each container and tank is clearly marked to identify its contents. This facility did not mark a roll-off container and a tank to identify the contents.

6. Pursuant to 40 CFR 268.50(a)(2)(i), an owner/operator of a hazardous waste treatment, storage, or disposal facility may store hazardous waste on-site provided that each container and tank is clearly marked to identify the date each period of accumulation begins. This facility did not mark a roll-off container and a tank with the accumulation start date.

7. Pursuant to 40 CFR 263.12 referencing 40 CFR 264.171, if a container holding hazardous waste is not in good condition, or if it begins to leak, the owner or operator must transfer the hazardous waste from this container to a container that is in good condition. This facility stored hazardous waste in a container that leaked.

8. Pursuant to 40 CFR 263.12 referencing 40 CFR 264.174, an owner or operator must conduct weekly inspections of container storage areas. This facility failed to conduct weekly inspections.

9. Pursuant to 40 CFR 263.12 referencing 40 CFR 264.31, facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste to the air, soil, or surface water, which could threaten human health or the environment. This facility failed to properly manage a roll-off of hazardous waste to minimize a release to the environment.

10. Pursuant to 40 CFR 263.12 referencing 40 CFR 264 Subpart J, an owner or operator may accumulate hazardous waste on-site in tanks for ten days or less without a permit provided that the owner or operator complies 40 CFR 264 Subpart J. This facility stored waste in a tank greater than 10 days without complying with 40 CFR 264 Subpart J.

11. Pursuant to 329 IAC 13-4-3(d), generators must label all used oil containers and aboveground tanks with the words "Used Oil." This facility did not label nine (9) used oil containers with the words "Used Oil."

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 Ms. 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 2/7/02

Date: _______________ _________________________

Felicia A. Robinson

Deputy Commissioner for Legal Affairs

cc: Delaware County Health Department (w/enclosure)

Mr. Michael Byron, Office of Legal Counsel (w/enclosure)

Ms. Nancy Johnston, Office of Enforcement (w/enclosure)

Ms. Theresa Pichtel, Office of Land Quality (w/enclosure)

OLQ 1B2 File (w/enclosure)

http://www.state.in.us/idem