NOTICE OF VIOLATION
Via Certified Mail#
To: Robert R. Urschel, President Robert R. Urschel, Registered Agent
Urschel Laboratories, Inc. Urschel Laboratories, Inc.
2104 William Drive 2503 Calumet Avenue
Valparaiso, Indiana 46383 Valparaiso, Indiana 46383
Case No. 2003-12739-H
Based on an investigation by a designated representative of the Indiana Department of Environmental Management (IDEM) on January 8, 2003, Urschel Laboratories, Inc., owner and operator of the facility with U.S. EPA ID number IND 005 068 747, located at 2503 Calumet Avenue 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 262.34(a)(1)(ii), generators must manage all hazardous waste in a tank in accordance with the applicable requirements of 40 CFR 265 Subpart BB. This facility did not comply with any of the applicable requirements of 40 CFR 265 Subpart BB.
2. Pursuant to 40 CFR 262.34(a)(1)(ii), generators must manage all hazardous waste in a tank in accordance with the applicable requirements of 40 CFR 265 Subpart CC. This facility did not comply with any of the applicable requirements of 40 CFR 265 Subpart CC.
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 8, 2003
Felicia A. Robinson
Deputy Commissioner for
Legal Affairs
cc: Porter County Health Department (w/enclosure)
Michael Byron, Office of Legal Counsel (w/enclosure)
Nancy L. Johnston, Office of Enforcement (w/enclosure)
Bahman Ossivand, Office of Land Quality (w/enclosure)
Adrian Blaesing, Northwest Regional Office (w/enclosure)
OLQ 1B2 File (w/enclosure)
http://www.state.in.us/idem