NOTICE OF VIOLATION

Via Certified Mail#

To: Tita LaGrimas, Vice President John Newell, Registered Agent for

Regulatory Affairs Pollution Control Industries, Inc. Pollution Control Industries, Inc. 4343 Kennedy Avenue 4343 Kennedy Avenue East Chicago, IN 46312 East Chicago, IN 46312

Case No. 2003-12892-H

Based on an investigation by a designated representative of the Indiana Department of Environmental Management (IDEM) on February 20 and 21, 2003, Pollution Control Industries, Inc., owner and operator of the facility with U.S. EPA ID number IND 000 646 943, located at 4343 Kennedy Avenue in East Chicago, Lake County, Indiana, was in violation of the following environmental 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 262.34(a)(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 hazardous waste roll-off boxes to minimize a release to the environment. 2. 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.

3. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.35, a generator must maintain adequate aisle space to allow the unobstructed movement of personnel, fire protection, spill control, and decontamination equipment. This facility failed to provide the required aisle space in Area 3 Apron.

Notice of Violation 2003-12892-H

Pollution Control Industries, Inc.

ID# IND 000 646 943

Page 2
 
 

4. Pursuant to Permit Condition II.H.2., the permittee shall test and maintain the equipment specified in Permit Attachment G as necessary to assure its proper function in time of emergency. Such testing and maintenance activities are set forth in the inspection schedule in Permit Attachment F. This facility failed to properly inspect and maintain its secondary containment system.

5. Pursuant to Permit Condition III.E.2.(a), containerized hazardous waste either being transferred from one permitted unit to another or being removed from one permitted unit followed by replacement back into that same unit shall remain outside of the permitted units only for the minimum time necessary to either transfer the containers to a different storage unit or to remove the containers, perform the activities that required the staging to occur, and return the containers to a permitted storage unit. In no instance shall this time period exceed eight (8) hours. This facility allowed containerized hazardous waste to remain outside of a permitted storage unit for greater than 8 hours.

6. Pursuant to Permit Condition III.E.2.(b), the permittee shall ensure that transport vehicles loaded with non-processed hazardous waste for shipment off-site leave the facility within twenty-four (24) hours of the time the hazardous waste is first moved out of permitted storage areas for loading onto the transport vehicle. This facility failed to remove a shipment of hazardous waste designated for off-site transport within 24 hours.

7. Pursuant to Permit Condition III.E.2.(d), incoming hazardous waste shall be placed in permitted units within seventy-two (72) hours, not including non-operating days, of entering the facility boundary unless the permittee rejects all or part of an incoming shipment. This facility failed to move incoming hazardous waste to a permitted area within 72 hours of entering the facility boundary.

 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.
 
 
 
 
 
 

Notice of Violation 2003-12892-H

Pollution Control Industries, Inc.

ID# IND 000 646 943

Page 3

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 Richard R. Milton at 317/232-4463 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter.

For the Commissioner: Date:                                                                                                                 Signed 7/24/03 Felicia A. Robinson Deputy Commissioner for

Legal Affairs

 cc: Lake County Health Department (w/enclosure)

Office of Legal Counsel (w/enclosure)

Nancy Johnston, Office of Enforcement (w/enclosure)

Scott Ormsby, Office of Land Quality (w/enclosure)

Robert Simmons, NWRO (w/enclosure)

OLQ 1B2 File (w/enclosure)

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