NOTICE OF VIOLATION
Via Certified Mail#
To: John Barile Jr., President and Registered Agent
Barile Ford Inc.
2052 W. US 30
Valparaiso, IN 46385
Case No. 2002-12291-H
Based on an investigation by a designated representative of the Indiana Department of Environmental Management (IDEM) on August 20, 2002, Barile Ford, Inc., operator of the facility with U.S. EPA ID number IND 016 660 672, located at 2052 W. US 30 in Valparaiso, Porter County, Indiana, was in violation of the following environmental rules:
Article 3.1 of Title 329 incorporates many of the federal hazardous waste management standards found in 40 CFR 260 through 40 CFR 273, including those identified below.
1. Pursuant to 40 CFR 262.11, a person who generates a solid waste must determine if that waste is hazardous. This facility did not make hazardous waste determinations on all its waste streams.
2. 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 offered its hazardous waste to a transporter and a disposal facility, neither of which had obtained an EPA ID number.
3. 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 manifest.
4. Pursuant to 40 CFR 268.7(a), a generator must determine if a hazardous waste is restricted from land disposal and if the waste has to be treated before being land disposed. This facility did not determine if its waste was restricted from land disposal.
5. 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 containers with accumulation start dates.
6. 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 containers with the words "Hazardous Waste."
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: 11/25/2002_______ Signed 11/25/2002 _____
Felicia A. Robinson
Deputy Commissioner for
Legal Affairs
cc: Porter County Health Department (w/enclosure)
Michael Byron, Office of Legal Counsel (w/enclosure)
Nancy Johnston, Office of Enforcement (w/enclosure)
Scott Ormsby, Office of Land Quality (w/enclosure)
Adriane Blaesing, NWRO (w/enclosure)
OLQ 1B2 File (w/enclosure)
http://www.state.in.us/idem