NOTICE OF VIOLATION





Via Certified Mail#

To: Wayne D. Lavrack, President                                 The Prentice-Hall Corporation Systems, Inc.
Carquest Auto Parts of New Castle, Inc.                         Registered Agent for:
2635 Millbrook Rd.                                                     Carquest Auto Parts of New Castle, Inc.
Raleigh, NC 27604                                                        251 East Ohio Street Suite 500
                                                                                    Indianapolis, IN 46204
 


Case No. 2002-12134-H

Based on an investigation by a designated representative of the Indiana Department of Environmental Management (IDEM) on October 4, 1995, Carquest Auto Parts of New Castle, Inc., operator of the facility with U.S. EPA ID number INR000003541, located at 130 N. Memorial Dr., New Castle, Henry 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.

 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 Deirdre Wyatt at 317/233-5640 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter.
 
 
 
 
 
 

For the Commissioner: Date: _______________                                                                                     Signed 11/20/02 Felicia A. Robinson Deputy Commissioner for

Legal Affairs
 
 
 
 
 
 
 
 

 cc: Henry County Health Department (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