Based on an investigation by a designated representative of the Indiana Department of Environmental Management (IDEM) on August 28, 2001, at Paul's Auto Yard, Inc., located 651 West State Road 2, Westville, LaPorte County, Indiana (the "Site"), Paul's Auto Yard, Inc. is in violation of the following environmental statutes and rules:

1. Pursuant to IC 13-20-6-2(a), before an operator engages in municipal waste transfer activities, the operator and each responsible party must submit a disclosure statement to the department. Paul's AutoYard, Inc. has engaged in municipal waste transfer activities and has not submitted a disclosure statement to the department pursuant to IC 13-20-6-2(a).
2. Pursuant to IC 13-30-2-1(3), a person may not deposit any contaminants upon the land in a place and manner that creates or would create a pollution hazard that violates or would violate a rule adopted by one (1) of the boards. Regulated solid waste was allowed to be placed at the Site without a permit, in violation of 329 IAC 10-4-2, 329 IAC 10-4-3, 329 IAC 11-9-1 and 329 IAC 11-21-3 which are rules adopted by the Indiana Solid Waste Management Board, thus violating IC 13-30-2-1(3).
3. Pursuant to IC 13-30-2-1(4), a person may not deposit or cause or allow the deposit of any contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the solid waste management board. Regulated solid waste was allowed to be placed at the Site without a permit, in violation of 329 IAC 10-4-2, 329 IAC 10-4-3, 329 IAC 11-9-1 and 329 IAC 11-21-3 which are rules adopted by the Indiana Solid Waste Management Board, thus violating IC 13-30-2-1(3).

 

 
 
 
 

4. Pursuant to IC 13-30-2-1(5), a person may not dump, cause or allow the open dumping of garbage or of any other solid waste in violation of rules adopted by the solid waste management board. Regulated solid waste was allowed to be placed at the Site without a permit, in violation of 329 IAC 10-4-2, 329 IAC 10-4-3, 329 IAC 11-9-1 and 329 IAC 11-21-3 which are rules adopted by the Indiana Solid Waste Management Board, thus violating IC 13-30-2-1(3).
5. Pursuant to 329 IAC 10-4-2, no person shall cause or allow the storage, containment, processing, or disposal of solid waste in a manner which creates a threat to human health or the environment, including the creating of a fire hazard, vector attraction, air or water pollution, or other contamination. Regulated solid waste was being stored, contained, processed and disposed at the Site, creating a threat to human health and the environment.
6. Pursuant to 329 IAC 10-4-3, open dumping and open dumps, as those terms are defined in IC 13-11-2-146 and IC 13-11-2-147, are prohibited. Regulated solid waste was dumped at the Site.
7. Pursuant to 329 IAC 11-9-1, any person who operates a solid waste processing facility shall have a solid waste facility permit under this article. Regulated solid waste was being processed at the Site without a solid waste processing facility permit.
8. Pursuant to 329 IAC 11-21-3, all transfer stations that haul or ship municipal waste to an Indiana solid waste facility must hold a valid permit under this article. Regulated municipal solid waste was being transferred at the Site without a valid transfer station permit.

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 violations 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 Paul Higginbotham at (317) 233-5973 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 5/14/02

Felicia A. Robinson

Deputy Commissioner

For Legal Affairs
 
 
 
 

cc: LaPorte County Health Department

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

Enforcement File