NOTICE OF VIOLATION

Via Certified Mail#

To: Mr. Andy Swihart, President                         Mr. Roger Korenstra, Registered Agent for
RBK Development, Inc.                                         RBK Development, Inc.
d/b/a Superior Wood Products                             70891 County Road 23
1058 W. County Road 400 N.                             New Paris, Indiana 46553
Warsaw, Indiana 46582

Case No. 2003-13439-H

Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on April 9, and 10, 2003, RBK Development, Inc. d/b/a Superior Wood Products, operator of the facility with U.S. EPA ID number IN0 000 433 896, located at 1058 W. County Road 400 N., in Warsaw, Kosciusko County, Indiana, was in violation of the following environmental statutes 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 waste rags and paint filters.

2. Pursuant to 40 CFR 268.7(a), a generator must determine if a hazardous waste is restricted from land disposal and if the waste has to be treated before being land disposed. This facility did not determine if its waste rags and paint filters were restricted from land disposal.

 3. Pursuant to 40 CFR 262.12(c) and IC 13-30-2-1(11), a generator must not offer hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received a permit or an EPA identification number. This facility sent hazardous waste via a transporter to two (2) disposal facilities, none of which possessed a permit or EPA identification number from the department. 4. Pursuant to 40 CFR 262.20 and IC 13-30-2-1(12), a generator who transports or offers for transportation, hazardous waste for off-site treatment, storage, or

disposal, must prepare a manifest. This facility sent hazardous waste off-site without a manifest.

5. 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.

6. Pursuant to 40 CFR 262.34(a)(1)(i) and 40 CFR 262.34(c)(1)(i) referencing 40 CFR 265.173(a), a container holding hazardous waste must always be closed during storage, unless necessary to add or remove waste. This facility did not store hazardous waste containers closed.

7. Pursuant to IC 13-30-2-1(1), no person shall discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources, into the environment in violation of 329 IAC 10-4-2. This facility allowed the discharge of a contaminant into the environment in violation of 329 IAC 10-4-2.

 8. 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. This facility discharged glue waste at the Site in a manner which created a threat to the environment.

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 2/3/04 Felicia A. Robinson
Deputy Commissioner for
Legal Affairs  
  cc: Kosciusko County Health Department (w/enclosure)

Nicole Hilz, Office of Legal Counsel (w/enclosure)

Nancy Johnston, Office of Enforcement (w/enclosure)

Mark Espich,, Office of Land Quality (w/enclosure)

OLQ 1B2 File (w/enclosure)

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