NOTICE OF VIOLATION
Via Certified Mail#
To: Jay W. Potter, President Jay W. Potter, Registered Agent
Potter Paint Company of Indiana, Inc. 126 Vandalia Avenue
P.O. Box 265 Cambridge City, Indiana 47327
508 South Green Street
Cambridge City, Indiana 47327
Case No. 2002-11575-H
Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), on April 26, 2002, Potter Paint Company of Indiana, Inc., U.S. EPA ID number IND 006 063 697, located at 508 South Green Street in Cambridge City, Wayne County, Indiana, was in violation of the following environmental rules and statutes:
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 3.1-7-14, a generator who ships hazardous waste off-site or treats, stores, recovers, or disposes of hazardous waste must prepare and submit a Biennial Report by March 1 of each even numbered year. This facility did not submit a Biennial Report for 2001.
2. Pursuant to IC 13-22-12-7, a person must remit a hazardous waste annual operation fee or an installment established by the department under IC 13-16-2 to the department not more than thirty (30) days after the date the fee is assessed or on the date the installment is due. This facility did not remit the hazardous waste operation fee for 2001.
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 7/24/02__________
Felicia A. Robinson
Deputy Commissioner for
Legal Affairs
cc: Wayne County Health Department (w/enclosure)
Michael Byron, Office of Legal Counsel (w/enclosure)
Jennifer Reno, Office of Enforcement (w/enclosure)
Jenny Dooley, Office of Land Quality (w/enclosure)
OLQ 1B2 File (w/enclosure)
http://www.state.in.us/idem