A. Pursuant to 40 CFR 262.11 and 40 CFR 268.7, a person who generates a solid waste must determine if that waste is hazardous, including whether the waste is restricted from land disposal and if the waste has to be treated before being land disposed. This facility did not make a proper hazardous waste determination on the Grinding Swarf waste stream generated at the facility.

B. 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 to a facility that does not have an EPA ID number.

C. 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 hazardous waste off-site without a hazardous waste manifest.

D. Pursuant to 40 CFR 262.12(a), a generator of hazardous waste must not treat, store, dispose, transport, or offer for transportation, hazardous waste without first receiving an EPA ID number. This facility failed to receive an EPA ID number prior to offering hazardous waste for transportation.

The following violations were in existence or observed at the time of the August 13

A. Pursuant to IC 13-30-2-1(10) and 40 CFR 270.1(c), no person shall commence or engage in the operation of a hazardous waste facility without having first obtained a permit from IDEM. This facility operated as a hazardous waste storage facility without having first obtained a permit.

B. Pursuant to 329 IAC 3.1-1-10, every hazardous waste generator, transporter, or owner or operator of a hazardous waste facility, must notify the Commissioner of its hazardous waste activity on the approved forms. This facility failed to notify the Commissioner of hazardous waste storage activities.

C. Pursuant to 40 CFR 262.34(b), a generator who accumulates hazardous waste for more than 90 days is an operator of a storage facility and is subject to the requirements of 40 CFR Part 264 and the permit requirements of 40 CFR Part 270. This facility stored hazardous waste on-site in containers and a tank for greater than 90 days without complying with 40 CFR 264 and 40 CFR 270.

D. Pursuant to 40 CFR 262.20(a), a generator who sends hazardous waste off-site must ensure that manifests are fully filled out and contain accurate information. This facility did not include all of the required information on manifests.

E. Pursuant to 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that the date when the accumulation begins is clearly marked and visible for inspection on each container. This facility did not label a container with an accumulation start date.

F. Pursuant to 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that containers are marked with the words "Hazardous Waste." This facility did not label a container with the words "Hazardous Waste."

G. Pursuant to 40 CFR 262.34(a)(1)(i) and 40 CFR 262.34(c)(1)(i) referencing 40 CFR 265.173(a), a container holding hazardous waste must always be closed during storage, unless necessary to add or remove waste. This facility did not store containers of hazardous waste closed.

H. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265, Subpart D, a generator must have a contingency plan that meets the requirements of 40 CFR 265.52. This facility did not have a contingency plan that met the requirements of 40 CFR 265.52.

I. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(a), (b), & (c), facility personnel must complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in compliance with the hazardous waste management rules. Employees must be trained within six months after their date of hire and must take part in an annual review of the initial training. This facility did not provide training for workers involved in hazardous waste management.

J. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.192(a), a generator with a new tank system must have an integrity assessment certified by an independent, qualified, registered, professional engineer in accordance with 40 CFR 270.11(d) attesting that the system has sufficient structural integrity. This facility did not provide the required integrity assessment for a tank system at the facility.

K. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.192(b), a generator with a new tank system must have an independent, qualified installation inspector or an independent qualified, registered engineer inspect the system prior to placing the system in use. This facility failed to provide an inspection of a new hazardous waste tank system prior to use.

L. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.192(d), all tanks and ancillary equipment must be tested for tightness before being covered, enclosed, or placed into use. This facility failed to conduct a leak test on a new hazardous waste tank system, including associated ancillary piping and equipment, prior to use.

M. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.193, all new and existing tank systems must be provided with secondary containment that meets the requirements of 40 CFR 265.193. This facility did not provide secondary containment that met the requirements of 40 CFR 265.193 for a tank system.

N. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.194(b), a generator must use appropriate controls and practices to prevent spills and overflows from tank or secondary containment systems. This facility did not use appropriate controls and practices to prevent spills and overflows from tank and secondary containment systems.

O. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.195, a generator must inspect tank systems once each operating day. This facility did not conduct the required inspections.