NOTICE OF VIOLATION

Via Certified Mail#

To: Daniel E. Granger, Vice President David Geiger, Registered Agent for

CANA, Inc. CANA, Inc.

29194 Phillips St. 29194 Phillips St.

Elkhart, Indiana 46514 Elkhart, Indiana 46514
 
 

Case No. 2002-11967-H

Based on an investigation by a designated representative of the Indiana Department of Environmental Management (IDEM) on August 12, 2002, CANA, Inc., operator of the facility with U.S. EPA ID number IND 115 309 890, located at 29194 Phillips St., in Elkhart, Elkhart County, Indiana, was in violation of the following environmental statute:

Pursuant to IC 13-22-4-3.1(b), a person that generates, in any one or more calendar months of a calendar year:
    1. more than one hundred (100) kilograms but less than one thousand (1,000) kilograms of hazardous waste;
    2. less than one (1) kilogram of acute hazardous waste; or
    3. less than one hundred (100) kilograms of material from the cleanup spillage of acute hazardous waste; or
accumulates at least one thousand (1,000) kilograms of hazardous waste or less than one (1) kilogram of acute hazardous waste shall, before March 1 of each year, submit to the department on forms provided by the department, a report that summarizes the person's hazardous waste shipments during the previous calendar year.

This facility did not submit a 2001 annual manifest report pursuant to the requirements of IC 13-22-4-3.1(b).
 
 

 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 Richard R. Milton at 317/232-4463 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter.

For the Commissioner: Date: _______________                                                                                 Signed 12/30/02 Felicia A. Robinson Deputy Commissioner for

Legal Affairs

 cc: Elkhart County Health Department (w/enclosure)

IDEM Northern Regional Office (w/enclosure)

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

Nancy Johnston, Office of Enforcement (w/enclosure)

Michelle Weddle, Office of Land Quality (w/enclosure)

OLQ 1B2 File (w/enclosure)

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