NOTICE OF VIOLATION

 

Via Certified Mail # Via Certified Mail #

To: Mr. Kevin Boemer Hammond Group, Inc., Registered Agent

N21 W28255 Beach Rd. c/o Stephen Bolanowski

Pewaukee, WI 53072 1414 Field St., Bldg B

Hammond, IN 46320

 

Case No. 2002-11677-S

Based on investigations conducted by designated representatives of the Indiana Department of Environmental Management (IDEM) on June 14, July 3, July 10, July 11, and July 29, 2002, Bio-Green, LLC ("Bio-Green") which operates a registered composting facility, registration #45-08C, on property located at 5815 Kennedy Avenue, Hammond, Lake County, Indiana (ASite@), is in violation of the following environmental rules and statutes:

A. 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. Bio-Green caused and/or allowed the deposition and processing of regulated solid waste at the Site in a manner that creates a threat to human health and/or the environment.

B. 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. Bio-Green caused and/or allowed the open dumping of regulated solid waste at the Site.
    1. Pursuant to 329 IAC 11-9-1(a), unless excluded in 329 IAC 11-3, any person who operates a solid waste processing facility shall have a solid waste facility permit under 329 IAC 11-9. Bio-Green has operated a solid waste processing facility at the Site without a solid waste facility permit under 329 IAC 11-9.

D. Pursuant to IC 13-20-10-4(4), the active area of a composting facility for vegetative matter must include controls for dust, odor, and noise. Bio-Green has failed to implement controls for dust and odor at the Site.

 

 

 

E. 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. Bio-Green caused and/or allowed the deposition of regulated solid waste at the Site in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3, which are rules adopted by the Solid Waste Management Board, thus violating IC 13-30-2-1(3).

F. 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. Bio-Green caused and/or allowed the deposition of regulated solid waste at the Site in a manner not acceptable to the Solid Waste Management Board.

G. 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. Bio-Green caused and/or allowed the dumping of regulated solid waste at the Site in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3, rules adopted by the Solid Waste Management Board, thus violating IC 13-30-2-1(5).

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.

 

 

 

To discuss this matter further, please contact Janet Arnold at 317/232-7201 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 August 1, 2002

Felicia A. Robinson

Deputy Commissioner

Legal Affairs

 

 

cc: Lake County Health Department

Lake County G2A Public File

Lake County Solid Waste Management District

Hammond Department of Environmental Management

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

Bcc: Adrian Blaesing, Director NWRO

Ralph McCullers, Deputy Director NWRO

Michael Byron, OLC

Jerry Rud, OLQ/Permitting

Debby Baker, OLQ/Permitting

Robert Lamprecht, OLQ/NWRO

Janet Arnold, OE