NOTICE OF VIOLATION
Via Certified Mail#
To: Ms. Joan P. Donovon, President Mr. Frank Donovon Sr., Registered Agent
Delta Water Management Group, Inc. Delta Water Management Group, Inc.
1450 E. Main St. 1450 E. Main St.
Brownsburg, Indiana 46112 Brownsburg, Indiana 46112
Case No. 2003-12946-H
Based on an investigation by a designated representative of the Indiana Department of Environmental Management (IDEM) on April 18, 2002, and February 13, August 20 and September 10, 2003, the Delta Water Management Group, Inc., operator of the facility with U.S. EPA ID number INR 000 109 314, located at 1450 E. Main Street in Brownsburg, Hendricks 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 262.11, a person who generates a solid waste must determine if that waste is hazardous. This facility did not make hazardous waste determinations on approximately fifty (50) containers with unknown contents inside the loading dock area.
2. 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 containers of hazardous waste on-site for greater than 90 days without complying with 40 CFR Part 264 and 40 CFR Part 270.
3. 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 without having first obtained a permit from IDEM.
Notice of Violation 2003-12946-H
Delta Water Management Group, Inc.
ID# INR 000 109 314
Page 2
4. Pursuant to 329 IAC 3.1-1-10, every hazardous waste generator, transporter, or owner or operator of a hazardous waste facility, must notify the Commissioner of its hazardous waste activity on the approved forms. This facility failed to notify the Commissioner of hazardous waste storage activities.
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 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: _12/17/2003_______ _signed 12/17/03_________________
Felicia A. Robinson
Deputy Commissioner for
Legal Affairs
cc: Hendricks County Health Department (w/enclosure)
Office of Legal Counsel (w/enclosure)
Nancy Johnston, Office of Enforcement (w/enclosure)
Debbie Chesterson, Office of Land Quality (w/enclosure)
OLQ 1B2 File (w/enclosure)
http://www.state.in.us/idem