NOTICE OF VIOLATION

Via Certified Mail#

To: David Geiger, President and Registered Agent
Cana, Inc.
29194 Phillips St.
Elkhart, Indiana 46514

Case No. 2003-13330-H

Based on an investigation by a designated representative of the Indiana Department of Environmental Management (IDEM) on July 25, 2003, Cana, Inc., operator of the facility with U.S. EPA ID number IND 115 309 890, located at 29194 Phillips St., in Elkhart, Elkhart 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(e) referencing 40 CFR 262.34(d)(4), a generator who must transport his waste, or offer his waste for transportation, over a distance of 200 miles or more for off-site treatment, storage, or disposal may accumulate hazardous waste on-site for 270 days or less without a permit, provided that the date when the accumulation begins is clearly marked and visible for inspection on each container in accordance with 40 CFR 262.34(a)(2). This facility did not label containers with accumulation start dates.

2. Pursuant to 40 CFR 262.34(e) referencing 40 CFR 262.34(d)(4), a generator who must transport his waste, or offer his waste for transportation, over a distance of 200 miles or more for off-site treatment, storage, or disposal may accumulate hazardous waste on-site for 270 days or less without a permit, provided that the containers are marked with the words "Hazardous Waste" in accordance with 40 CFR 262.34(a)(3). This facility did not label containers with the words "Hazardous Waste."

3. Pursuant to 40 CFR 262.34(c)(1)(ii), a generator may accumulate as much as 55 gallons of hazardous waste at or near the point of generation without a permit and without complying with 40 CFR 262.34(a), provided that the containers are marked with either the words "Hazardous Waste" or with other words describing the contents. This facility did not properly label satellite accumulation containers.

 4. Pursuant to 40 CFR 262.34(c)(2), a generator who accumulates hazardous waste in excess of the amounts listed in 40 CFR 262.34(c)(1) at or near the point of generation must, with respect to that amount of waste, comply within three days with 40 CFR 262.34(a). During the three day period the generator must continue to comply with 40 CFR 262.34(c)(1)(i) through (ii) and mark the container holding the excess accumulation of hazardous waste with the date the excess amount began accumulating. This facility accumulated more than 55 gallons of hazardous waste at or near the point of generation and failed to mark the container holding the excess accumulation with the accumulation start date. 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:                                                                                                                 Signed 2/2/04 Felicia A. Robinson
Deputy Commissioner for
Legal Affairs cc: Elkhart County Health Department (w/enclosure)
IDEM Northern Regional Office (w/enclosure)
IDEM Office of Legal Counsel (w/enclosure)
Nancy Johnston, Office of Enforcement (w/enclosure)
OLQ 1B2 File (w/enclosure)
http://www.state.in.us/idem