Via Certified Mail#

To: Mr. J. Bryan Nicol

Indiana Department of Transportation

Indiana Government Center North

Room 755

100 North Senate Avenue

Indianapolis, IN 46206

Case No. 2002-11379-H

Based on an investigation by a designated representative of the Indiana Department of Environmental Management (IDEM) on January 22, 2002, Indiana Department of Transportation, U.S. EPA ID number INR000105650, located at Wildcat Creek Bridge on U.S. 22 in Kokomo, Howard 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 329 IAC 3.1-7-3(a), 329 IAC 3.1-7-4, and IC 13-30-2-1(12), a generator who transports or offers for transportation, hazardous waste for off-site treatment, storage, or disposal, must prepare a manifest. This facility sent approximately 20 cubic yards of lead based paint waste, determined hazardous for lead (D008), off-site without a manifest.
2. Pursuant to 40 CFR 262.12(c), a generator must not offer hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number. This facility sent hazardous waste, 20 cubic yards of lead based paint waste, to a facility that does not have an EPA ID number.

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

Signed 5/13/02

Date: _______________ _________________________

cc: Howard County Health Department (w/enclosure)

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

Nancy Johnston, Office of Enforcement (w/enclosure)

Chris Lowell, Office of Land Quality (w/enclosure)

OLQ 1B2 File (w/enclosure)

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