Via Certified Mail#

To: J. Mark Erler, President Linda Erler, Registered Agent

Erler Industries, Inc. Erler Industries, Inc.

418 Stockwell Street 418 Stockwell Street

P.O. Box 219 P.O. Box 219

North Vernon, Indiana 47265 North Vernon, Indiana 47265

Case No. 2002-12553-H

Based on an investigation by a designated representative of the Indiana Department of Environmental Management (IDEM) on September 17, 2002, Erler Industries, Inc., operator of the facility with U.S. EPA ID number IND 984 976 217, located at 418 Stockwell Street in North Vernon, Jennings County, Indiana, was in violation of the following environmental statute and 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 262.12(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 transporter and treatment, storage, or disposal facility, neither of which had obtained an EPA identification number.
2. 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.

 

 

3. 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 hazardous waste was restricted from land disposal.
4. Pursuant to 40 CFR 262.34(c)(1)(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 satellite accumulation containers.
5. Pursuant to 40 CFR 262.34(c)(2), a generator who accumulates hazardous waste in excess of 55 gallons at or near the point of generation must within three (3) days mark the container holding the excess amount with the date the excess began accumulating and place the container holding the excess amount in the less than 180-day container storage area. This facility did not move hazardous waste accumulated in excess of 55-gallons from the point of generation in the distillation room to the less than 180-day container storage area.
6. Pursuant to 329 IAC 13-4-3(e), upon detection of a release of used oil to the environment, a generator must perform the following clean-up steps: 1) Stop the release; 2) Contain the released used oil; 3) Clean up and manage properly the released used oil and other materials; 4) Communicate a spill report in accordance with 327 IAC 2-6.1; and 5) If necessary to prevent future releases, repair or replace any leaking used oil storage containers or tanks prior to returning them to service. This facility did not stop, contain, and clean up and manage properly the released used oil located on the ground.
7. Pursuant to 329 IAC 10-4-2, no person shall cause or allow the storage, containment, processing, or disposal of solid waste in a manner which creates a threat to human health or the environment, including the creating of a fire hazard, vector attraction, air or water pollution, or other contamination. This facility allowed mask wash solution to be disposed onto the ground.
8. Pursuant to IC 13-30-2-1(1), 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 329 IAC 13-4-3(e) and 329 IAC 10-4-2. This facility allowed the deposition of used oil and mask wash solution onto the ground.
9. Pursuant to 40 CFR 262.34(d)(4) referencing 40 CFR 265.31, facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste to the air, soil, or surface water, which could threaten human health or the environment. This facility failed to properly manage containers of mask wash solution to minimize a release to the environment.

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 Jennifer Reno at (317)233-6336 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter.

Date: _______________ __Signed on 1/29/03___

cc: Jennings County Health Department (w/enclosure)

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

Jennifer Reno, Office of Enforcement (w/enclosure)

Anne Kominowski, Office of Land Quality (w/enclosure)

OLQ 1B2 File (w/enclosure)

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