Notice of Violation

NOTICE OF VIOLATION

Via Certified Mail#

To: Chris Seth, President Irene Seth, Registered Agent

Universal Scientific Company, Inc. Universal Scientific Company, Inc.

2101 Arthur Avenue 2101 Arthur Avenue

Elk Grove Village, Illinois 60007 Elk Grove Village, Illinois 60007

Case No. 2002-11212-H

Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on June 20, June 26, July 26, and September 21, 2001, Universal Scientific Company, Inc., U.S. EPA ID number IND 006 377 543, located at 1312 South 13^th Street in Vincennes, Knox County, 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 numerous unidentified wastes at the facility.

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 numerous containers and tanks 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 having first obtained a permit from IDEM. This facility operated as a hazardous waste storage facility without having first obtained a permit.

Notice of Violation 2002-11212-H

Universal Scientific Company, Inc.

Page 2

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 hazardous waste storage activities.

5. Pursuant to 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 containers with accumulation start dates.

6. Pursuant to 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that containers and tanks are marked with the words "Hazardous Waste." This facility did not label

numerous tanks and containers with the words "Hazardous Waste."

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 stored hazardous waste in containers that were not in good condition.

8. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.173(a), a container holding hazardous waste must always be closed during storage, unless necessary to add or remove waste. This facility did not store hazardous waste containers closed.

9. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.173(b), a container holding hazardous waste must not be opened, handled, or stored in a manner that may rupture the container or cause it to leak. This facility failed to properly manage numerous hazardous waste containers.

10. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.32, all facilities must be equipped with an internal communications or alarm system; a device such as a telephone or hand-held two-way radio; and fire control, spill control, and decontamination equipment. This facility is not equipped with an operating telephone and spill control equipment.

11. 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 on-site.

12. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.31, 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 containers of hazardous waste to minimize a release to the environment.

Notice of Violation 2002-11212-H

Universal Scientific Company, Inc.

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13. Pursuant to IC 13-30-2-1(4), no person shall 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. This facility allowed the release of contaminants onto the ground.

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 Jennifer Reno at (317) 233-6336 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter.

For the Commissioner:

Date: _______________ __Signed on 4/30/02________

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement

cc: Knox County Health Department (w/enclosure)

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

Jennifer Reno, Office of Enforcement (w/enclosure)

Kim Whittington, Office of Land Quality (w/enclosure)

John Naddy, Office of Land Quality (w/enclosure)

Mike Randall, Office of Land Quality (w/enclosure)

Judy Dicus Thomann, Southwest Regional Office (w/enclosure)

OLQ 1B2 File (w/enclosure)

http://www.in.gov/idem