Notice of Violation

NOTICE OF VIOLATION

Via Certified Mail #

To: Captain Daniel M. Wise, USN

Commander

Code 00, Bldg. 1

Naval Surface Warfare Center

300 Highway 361

Crane, IN 47522-5001

Case No. 2003-13398-H

Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on June 17-19, July 29-30, and August 5, 2003, the Naval Surface Warfare Center, Crane Division (NSWC), operator of the facility with U.S. EPA ID number IN5170023498, located at 300 Highway 361 in Crane, Martin County, Indiana, was in violation of the following environmental statutes, rules, and permits:

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.

A. Pursuant to 329 IAC 3.1-16-1 referencing 40 CFR 273.35(a), a large quantity handler of universal waste may accumulate universal waste for no longer than one year from the date the universal waste is generated, or received from another handler, unless the requirements of paragraph (b) of this section are met. This facility accumulated universal waste for longer than one year without meeting the requirements of 40 CFR 273.35(b).

B. Pursuant to 329 IAC 3.1-16-1 referencing 40 CFR 273.34(a) and 329 IAC 3.1-16-2(6), universal waste batteries, or a container or tank in which the batteries are contained, must be labeled or marked clearly with the any one of the following phrases: "Universal Waste-Battery(ies)," "Waste Battery(ies)," "Used Battery(ies)," or other words that accurately identify the universal waste batteries. This facility failed to label universal waste batteries.

C. Pursuant to Resource Conservation and Recovery Act (RCRA) Operating Permit Condition II.K.1, the Permittee shall maintain a written operating record at the facility in accordance with 329 IAC 3.1-9 and 40 CFR 264.73. This facility failed to maintain a written operating record in accordance with 329 IAC 3.1-9 and 40 CFR 264.73.

D. Pursuant to RCRA Operating Permit Attachment I, 1.B-1a, the Permittee shall maintain the floor of the Central Storage Facility (CSF) in accordance with the conditions of the permit. This facility failed to maintain the floor of Building 2993 according to the conditions of the permit.

E. 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 stored hazardous waste in areas not permitted by IDEM.

F. Pursuant to RCRA Operating Permit Condition I.A., the Permittee is allowed to store hazardous waste in accordance with the conditions of the RCRA permit. Any storage of hazardous waste not authorized in this permit or the regulations is prohibited. This facility stored hazardous waste in areas not authorized in the permit.

G. 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 in areas not permitted by IDEM for greater than 90 days without complying with 40 CFR Part 264 and 40 CFR Part 270.

H. Pursuant to IC 13-30-2-1(4) and Open Burning/Open Detonation (OB/OD) Std. Permit Condition I.D.6 and OB/OD General Facility Condition II.D., no person shall deposit or cause or allow the deposit of any contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the solid waste management board. This facility allowed the deposit of contaminants upon the land. Discoloration was observed on the ground near the front gate of the Ammunition Burning Grounds Flashing Pit #9.

I. Pursuant to 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that the date when the accumulation begins is clearly marked and visible for inspection on each container. This facility did not label containers with accumulation start dates.

J. Pursuant to 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that containers are marked with the words "Hazardous Waste." This facility did not label containers with the words "Hazardous Waste."

K. 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 several containers of waste located adjacent to Building 3334 near the southeast side of the building and on several containers of waste located adjacent to Building 34.

L. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(d)(1-4), certain hazardous waste training related documents and records must be maintained on-site. This facility did not maintain all of the required information on-site.

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 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 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. Brenda Lepter at 317/233-5971 within 15 days after receipt of this Notice regarding your intent to settle this matter.

For the Commissioner:

Signed on January 5, 2004

Date: _______________ _________________________

Felicia A. Robinson

Deputy Commissioner for

Legal Affairs

cc: Martin County Health Department (w/enclosure)

Office of Legal Counsel (w/enclosure)

Ms. Nancy Johnston, Office of Enforcement (w/enclosure)

Mr. Roger Wilson, Office of Land Quality (w/enclosure)

Mr. Jeff Workman, Office of Land Quality (w/enclosure)

Ms. Judy Dicus Thomann, Southwest Regional Office (w/enclosure)

OLQ 1B2 File (w/enclosure)

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