NOTICE OF VIOLATION
Via Certified Mail#
To: Robert D. McNeely, President Anne Frye, Registered Agent
Reilly Industries, Inc. Reilly Industries, Inc.
300 North Meridian Street 300 North Meridian Street
Suite 1500 Suite 1500
Indianapolis, Indiana 46204 Indianapolis, Indiana 46204
Case No. 2002-12334-H
Based on an investigation by a designated representative of the Indiana Department of Environmental Management (IDEM) on June 13, 14, and 17, 2002, Reilly Industries, Inc., owner and operator of the facility with U.S. EPA ID number IND 000 807 107, located at 1500 South Tibbs Avenue in Indianapolis, Marion County, Indiana, was in violation of the following environmental statutes, rules, and permit:
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 two wastes.
2. 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 several containers and tanks with accumulation start dates.
3. 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 several containers of hazardous waste with the words "Hazardous Waste."
4. Pursuant to 40 CFR 262.34(c)(i)(ii), a generator may accumulate as much as 55 gallons of hazardous waste at or near the point of generation without a permit and without complying with 40 CFR 262.34(a), provided that the containers are marked with either the words "Hazardous Waste" or with other words describing the contents. This facility did not properly label several satellite accumulation drums.
5. Pursuant to 40 CFR 262.34(a)(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 a 5-gallon container of hazardous waste closed.
6. Pursuant to 40 CFR 273.15, a small quantity handler of universal waste may accumulate universal waste for no longer than one year from the date the waste is generated, unless the handler can prove that such activity is solely for the purpose of accumulations of such quantities of universal waste as necessary to facilitate proper recovery, treatment, or disposal. This facility stored a box of 8-foot long spent bulbs for longer than a year.
7. Pursuant to Permit Condition II.A and 40 CFR 264.31, the Permitee shall maintain and operate the facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of a hazardous waste to the air, soil, or surface water, which could threaten human health or the environment. This facility did not maintain and operate the facility in a manner which would minimize releases to the environment.
8. Pursuant to IC 13-30-2-1(1)(A), no person shall discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources, into the environment in violation of 40 CFR 264.31. Three separate releases were observed at this facility.
9. Pursuant to IC 13-30-2-1(2), no person shall increase the quantity or strength of a discharge of contaminants into the waters or construct or install a sewer or sewer treatment facility or a new outlet for contaminants into the waters of Indiana without prior approval of the department. A broken sewer line resulted in a release of wastewater to the lot next to the wastewater treatment plant.
10. Pursuant to IC 13-30-2-1(4), no person shall 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. This facility allowed releases to occur at three separate areas.
11. Pursuant to Permit Condition I. D.(14), the Permittee shall report to the Commissioner any noncompliance with the permit which may endanger health or the environment, within twenty-four hours from the time the Permittee becomes aware of the circumstances. This facility did not report releases to IDEM.
12. Pursuant to Permit Condition I.H.(2) and Attachment VIII H-1a, the Permittee shall maintain at the facility, until closure is complete and certified by the owner/operator and an independent registered professional engineer, personnel training documents and records as required by 40 CFR 264.16(d) and (e), and the conditions of this permit. This facility failed to maintain the required training related documents.
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 Aubrey N. Sherif at 317/233-5970 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter.
For the Commissioner:
Date: _______________ Signed 2/26/03
Felicia A. Robinson
Deputy Commissioner for
Legal Affairs
cc: Marion County Health Department (w/enclosure)
Michael Byron, Office of Legal Counsel (w/enclosure)
Ruth Jean, Office of Land Quality (w/enclosure)
Nancy L. Johnston, Office of Enforcement (w/enclosure)
Gary Romesser, Office of Land Quality (w/enclosure)
OLQ 1B2 File (w/enclosure)
http://www.state.in.us/idem