Via Certified Mail#

To: Mr. Nelson Becker, Property Owner Mr. Eric Flowers

208 4th Street d/b/a United Recycling

Logansport, IN 46947 615 Center Avenue

Logansport, IN 46947
 
 

Based on an investigation by a designated representative of the Indiana Department of Environmental Management (IDEM) on January 10, 2002, Eric Flowers, d/b/a United Recycling, a non-notifier, located at 615 Center Avenue in Logansport, Cass County, Indiana, and Mr. Nelson Becker, owner of the property were 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 seventy-one (71) unidentified waste drums inside building number 3.
2. Pursuant to 40 CFR 262.34(b), a generator who accumulates hazardous waste for more than 90 days is an operator of a storage facility and is subject to the requirements of 40 CFR Part 264 and the permit requirements of 40 CFR Part 270. This facility stored containers of hazardous waste on-site for greater than 90 days without complying with 40 CFR 264 and 40 CFR 270.
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 first obtaining a permit from IDEM. This facility operated as a storage facility without first obtaining 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 262.34(a)(4) referencing 40 CFR 265.51, a generator must have a contingency plan. This facility did not have a contingency plan.
6. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(a), (b), & (c), facility personnel must complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in compliance with the hazardous waste management rules. Employees must be trained within six months after their date of hire and must take part in an annual review of the initial training. This facility did not provide employees with initial and/or annual training.
7. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.171, if a container holding hazardous waste is not in good condition, or if it begins to leak, the generator must transfer the hazardous waste from this container to a container that is in good condition. This facility did not store hazardous waste in containers that were in good condition.
8. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.174, a generator must conduct weekly inspections of container storage areas and containment areas. This facility failed to conduct weekly inspections of the drum storage area.
9. Pursuant to 40 CFR 262.34(a)(2) referencing 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that the date when the accumulation begins is clearly marked and visible for inspection on each container. This facility did not label seventy-one (71) containers with accumulation start dates.
10. Pursuant to 40 CFR 262.34(a)(3) referencing 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that the containers are marked with the words "Hazardous Waste." This facility did not label seventy-one (71) containers with the words "Hazardous Waste."

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 Deirdre Wyatt at (317) 233-5640 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter.
 
 
 
 
 
 

Michael Byron, OLC (w/enclosure)

Nancy Johnston, OE (w/enclosure)

Scott Draschil, OLQ (w/enclosure)

OLQ 1B2 File (w/enclosure)

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