NOTICE OF VIOLATION

Via Certified Mail#

To: Kim Regan Harry T. Richardson, Jr.

President Registered Agent

Classico Seating a/k/a Hanco, Inc. Classico Seating a/k/a Hanco, Inc.

801 North Clay Street 1374 Clay Spring Drive

Peru, Indiana 46790 Carmel, Indiana 46032

 

Case No. 2003-12664-H

Based on an investigation by a designated representative of the Indiana Department of Environmental Management (IDEM) on November 15, 2002, Classico Seating a/k/a Hanco, Inc., owner and operator of the facility with U.S. EPA ID number IND 984 887 281, located at 801 North Clay Street in Peru, Miami 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 268.7(a)(2) and (3), a generator of hazardous waste must determine if a waste has to be treated before it can be land disposed, and send a one time notice to each treatment and storage facility; or, if the waste does not have to be treated, the generator must send a one time notice to each treatment, storage, or disposal facility. The generator must place a copy of this notice in the file. This facility could not provide the inspector with a copy of notices for two manifests.

2. Pursuant to 329 IAC 13-4-3(d), generators must label all used oil containers and aboveground tanks with the words "Used Oil." This facility did not label used oil containers with the words "Used Oil."

3. 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 twenty-five containers of hazardous waste with accumulation start dates.

4. 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 twenty-five containers of hazardous waste with the words "Hazardous Waste."

5. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.171, if a container holding hazardous waste is not in good condition, or if it begins to leak, the generator must transfer the hazardous waste from this container to a container that is in good condition. This facility stored hazardous waste in containers that were not in good condition.

6. 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 but had not obtained a permit from IDEM.

7. 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 twenty-five containers of hazardous waste on-site for greater than 90 days without complying with 40 CFR 264 and 40 CFR 270.

8. Pursuant to 329 IAC 3.1-15-3, the owner or operator of a treatment, storage, or disposal facility must have a detailed, written estimate, in current dollars, of the cost of closing the facility. This facility did not have a detailed, written estimate of the cost of closing the facility.

9. Pursuant to 329 IAC 3.1-15-4, an owner or operator of a treatment, storage, or disposal facility must establish financial assurance for closure of the facility. This facility did not establish financial assurance for closure of its facility.

10. Pursuant to 329 IAC 3.1-15-8(a), an owner or operator of a hazardous waste facility must demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden and accidental occurrences arising from operations of the facility. This facility has not demonstrated financial responsibility for sudden and accidental occurrences.

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 April 9, 2003

Felicia A. Robinson

Deputy Commissioner for

Legal Affairs

 

 

 

 

 

cc: Miami County Health Department (w/enclosure)

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

Nancy L. Johnston, Office of Enforcement (w/enclosure)

Lisa Frost, Office of Land Quality (w/enclosure)

OLQ 1B2 File (w/enclosure)

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