NOTICE OF VIOLATION
Via Certified Mail #
To: Michael B. Clarke, President C.T. Corporation System
Lone Star Industries, Inc. Registered Agent for:
10401 North Meridian Street Lone Star Industries, Inc.
Suite 400 One North Capitol Avenue
Indianapolis, Indiana 46290 Indianapolis, Indiana 46204
Case No. 2003-12702-H
Based on an investigation by a designated representative of the Indiana Department of Environmental Management (IDEM) on October 22, 2002, Lone Star Industries, Inc., owner and operator of the facility with U.S. EPA ID number IND 006 419 212, located at 3301 South County Road 150 West in Greencastle, Putnam 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 265.17(b), where specifically required by other sections of this part, the treatment, storage, or disposal of ignitable or reactive waste, and the mixture or commingling of incompatible wastes, or incompatible wastes and materials, must be conducted so that it does not:
a. generate extreme heat or pressure, fire or explosions, or violent reaction;
b. produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health;
c. produce uncontrolled flammable fumes or gases in sufficient quantities to
pose a risk of fire or explosions;
d. damage the structural integrity of the device or facility containing the waste; or
e. through other like means threaten human health or the environment.
This facility commingled wastes in Tank 4, which resulted in the production of extreme heat and the release of vapors through the emergency vent.
2. Pursuant to 40 CFR 265.32(d), the owner or operator of a hazardous waste facility must equip the facility with water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems. This facility was not equipped with water at adequate volume and pressure to supply water hose streams.
3. Pursuant to 40 CFR 265.56(i), the owner or operator of a hazardous waste facility must notify the Commissioner and appropriate State and local authorities, before operations are resumed in the affected areas of the facility, that:
1. no waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed; and
2. all emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.
This facility did not notify the Commissioner and appropriate State and
local authorities that it was in compliance with #1 and #2 above before resuming
operations in the area of the facility affected by the reaction in Tank 4.
4. Pursuant to 40 CFR 265.56(j), the owner or operator of a hazardous waste facility must note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. The owner or operator must then submit to the Commissioner a written report on the incident within 15 days after the incident. This facility did not provide IDEM with the required incident report within 15 days after the incident.
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 Ms. 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 May 22, 2003
Felicia A. Robinson
Deputy Commissioner for
Legal Affairs
cc: Putnam County Health Department (w/enclosure)
Michael Byron, Office of Legal Counsel (w/enclosure)
Nancy L. Johnston, Office of Enforcement (w/enclosure)
Paul Bansch, Office of Land Quality (w/enclosure)
Lisa Frost, Office of Land Quality (w/enclosure)
OLQ 1B2 File (w/enclosure)
http://www.state.in.us/idem