NOTICE OF VIOLATION
Via Certified Mail#
To:James W. Hubbard, PresidentC.T. Corporation, Registered Agent
Herff Jones, Inc.Herff Jones, Inc.
12437 Windsor Drive One North Capitol Avenue
Carmel, IN 46032Indianapolis, IN 46204
Case No. 2001-11084-H
Based on an investigation by a designated representative of the Indiana Department of Environmental Management (IDEM) on June 29, 2001, Herff Jones Fine Papers, U.S. EPA ID number IN0 000 079 327, located at 4601 West 62nd Street, Indianapolis, Indiana, was in violation of the following environmental rules and statutes:
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 a proper hazardous waste determination on one waste stream.
2.Pursuant to 40 CFR 268.7, a generator of hazardous waste must determine how a waste must be treated before it can be land disposed, and then submit to the treatment, storage, and disposal facility a one-time notice and certification. This facility did not properly identify the waste treatment standards for one waste stream, and did not provide the required notice and certification for another.
3.Pursuant to IC 13-30-2-1(1), no person shall discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources, into the environment. This facility discharged hazardous waste into the environment.
4.Pursuant to 40 CFR 262.34(d)(5), a generator must implement certain measures to address an emergency situation. This facility did not implement these measures.
5. Pursuant to 329 IAC 3.1-16-2(5) and 40 CFR 273.14, a small quantity handler of universal waste must label or mark the universal waste to identify the type of universal waste. This facility failed to properly label two containers of universal waste.
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. Aubrey N. Sherif at 317/233-5970 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter.
For the Commissioner:
Date:________________Signed March 7, 2002________________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc:Marion County Health Department (w/enclosure)
Michael Byron, Office of Legal Counsel (w/enclosure)
Nancy Johnston, Office of Enforcement (w/enclosure)
Chris Halloran, Office of Land Quality (w/enclosure)
OLQ 1B2 File (w/enclosure)
http://www.state.in.us/idem