NOTICE OF VIOLATION
Via Certified Mail # Via Certified Mail #
To: Gary Lindgren Thomas L. Mattix, Registered Agent
Heritage Environmental Services, LLC. Heritage Environmental Services, LLC.
7901 W. Morris St. 5400 W. 86th St.
Indianapolis, Indiana 46231 Indianapolis, Indiana 46268
Case No. 2001- 11103-H
Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on September 27, 2001, Heritage Environmental Services, LLC., U.S. EPA ID number IND 980503890, located at 4370 W. County Road 1275 N, Roachdale, was in violation of the following permit conditions:
Article 3.1 of Title 329 incorporates many of the federal hazardous waste management standards found in 40 CFR 260 through 40 CFR 273.
A. Pursuant to Permit Condition I.G.2, personnel training documents and records as required by 329 IAC 3.1-9, 40 CFR 264.16(d) and (e), and the Permit shall be maintained at the facility, until closure is completed and certified by the owner/operator and an independent registered professional engineer. This facility did not maintain personnel training documents on-site.
B. Pursuant to Permit Condition II.C. referencing Attachment I, Waste Analysis Plan, 3.2-6, analytical results will be maintained on-site in the facility's operating record. This facility did not maintain analytical results on-site in the facility's operating record.
C. Pursuant to Permit Condition II.C. referencing Attachment I, Exhibit I.1, Load Verification Plan, 3.0-5 & 7, for each incoming load, facility personnel shall conduct fingerprint screening for the parameters indicated in Table I-1 at the prescribed frequency. If the fingerprint screening results are within acceptable parameters, facility personnel will sign the manifest signifying acceptance of the load. This facility failed to conduct fingerprint screening on a shipment of waste from Nucor Steel before accepting the load.
D. Pursuant to Permit Condition II.C. referencing Attachment I, Exhibit I.1, Load Verification Plan, 4.0, if a non-disposable sample tool is used to obtain samples for fingerprint screening, the tool will be cleaned to remove visible residues prior to obtaining each sample. This facility did not clean the non-disposable sample tool (posthole digger) to remove visible residues prior to obtaining each sample.
E. Pursuant to Permit Condition II.C. referencing Attachment I, Exhibit I.2, Waste Analysis, 4.0, Table I, the pH Meter/Probe shall be calibrated once per shift. This facility did not calibrate the pH Meter/Probe once per shift.
F. Pursuant to Permit Condition II.F., the Permittee shall conduct personnel training as required by 329 IAC 3.1-9 and 40 CFR 264.16. This training program shall follow the outline in Attachment V. This facility failed to conduct personnel training as required by 329 IAC 3.1-9 and 40 CFR 264.16.
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. Brenda Lepter at 317/233-5971 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter.
For the Commissioner:
Signed on March 22, 2002
Date: _______________ _________________________
Felicia A. Robinson
Deputy Assistant Commissioner
For Legal Affairs
cc: Putnam County Health Department (w/enclosure)
Office of Legal Counsel (w/enclosure)
Ms. Nancy Johnston, Office of Enforcement (w/enclosure)
Ms. Debbie Chesterson, Office of Land Quality (w/enclosure)
Ms. Rebecca Joniskan, Office of Land Quality (w/enclosure)
OLQ 1B2 File (w/enclosure)
http://www.state.in.us/idem