NOTICE OF VIOLATION
Via Certified Mail # 7002 0510 0004 0444
2870
To: Danny McKnight, President
McKnight Bulk Hauling, Inc.
939 West Troy Avenue
Indianapolis, IN 46225
Case No. 2003-13437-S
Based on investigations conducted by designated representatives
of the Indiana Department of Environmental Management (IDEM) on May 1,
August 25, and September 29, 2003, McKnight Bulk Hauling, Inc., located
at 939 West Troy Avenue, Indianapolis, Marion County, Indiana ("the Site")
is in violation of the following environmental rules and statutes:
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Pursuant to 329 IAC 11-9-1(a), unless excluded in 329
IAC 11-3, any person who operates a solid waste processing facility shall
have a solid waste facility permit under 329 IAC 11-9. McKnight Bulk Hauling,
Inc. operated a solid waste processing facility at the Site without a solid
waste facility permit under 329 IAC 11-9.
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Pursuant to 329 IAC 10-4-2, no person shall cause or
allow the storage, containment, processing, or disposal of solid waste
in a manner which creates a threat to human health or the environment,
including the creating of a fire hazard, vector attraction, air or water
pollution, or other contamination. McKnight Bulk Hauling, Inc. caused and/or
allowed the storage, containment or disposal of regulated solid waste at
the Site, creating a threat to human health and the environment.
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Pursuant to 329 IAC 10-4-3, open dumping and open dumps,
as those terms are defined in IC 13-11-2-146 and IC 13-11-2-147, are prohibited.
McKnight Bulk Hauling, Inc. caused and/or allowed regulated solid waste
to be open dumped at the Site.
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Pursuant to IC 13-30-2-1(3), a person may not deposit
any contaminants upon the land in a place and manner that creates or would
create a pollution hazard that violates or would violate a rule adopted
by one of the boards. McKnight Bulk Hauling, Inc. caused and/or allowed
regulated solid to be deposited at the Site without a permit, in violation
of 329 IAC 10-4-2 and 329 IAC 10-4-3, which are rules adopted by the Indiana
Solid Waste Management Board.
E. Pursuant to IC 13-30-2-1(4), a person may not
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. McKnight Bulk Hauling, Inc. caused and/or allowed
regulated solid waste to be deposited at the Site without a permit, in
violation of 329 IAC 10-4-2 and 329 IAC 10-4-3, which are rules adopted
by the Indiana Solid Waste Management Board.
F. Pursuant to IC 13-30-2-1(5), a person may not
dump or cause or allow the open dumping of garbage or of any other solid
waste in violation of rules adopted by the solid waste management board.
McKnight Bulk Hauling, Inc. caused and/or allowed the open dumping of regulated
solid waste at the Site, in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3,
which are rules adopted by the Indiana Solid Waste Management Board.
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.
To discuss this matter further, please contact Barbara
Goldblatt at 317 / 233 - 6335 or
1 / 800 - 451 - 6027 Ext. 3 - 6335 within fifteen
(15) days after receipt of this Notice to request a conference. If settlement
is reached, an Agreed Order will be prepared and sent for review and signature.
For the Commissioner:
Date: 2 / 13 / 04
Felicia A. Robinson
Deputy Commissioner for Legal Affairs
cc: Marion County Health Department
http://www.state.in.us/idem