NOTICE OF VIOLATION
Via Certified Mail # Via Certified Mail #
To: James C. Fehsenfeld Thomas L. Mattix, Registered Agent for
Heritage Transport, LLC Heritage Transport, LLC
1626 Research Way 5400 W. 86th St.
Indianapolis, IN 46231 Indianapolis, IN 46268
Case No. 2003-13484-H
Based on an investigation by a designated representative of the Indiana Department of Environmental Management (IDEM) on August 13, 2003, Heritage Transport LLC, a hazardous waste transporter with U.S. EPA ID number IND 058484114, was in violation of the following environmental rules at a transfer facility it operates, located at 111 East 142nd Street in Hammond, Lake County, Indiana. The transporter has notified IDEM of its hazardous waste transfer facility activities at this location.
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 40 CFR 263.20, a transporter of hazardous waste must ensure that the manifest accompanies the hazardous waste and that the date of delivery and the hand written signature of the owner or operator of the designated facility on the manifest are obtained. This facility failed to ensure that the original manifest accompanied hazardous waste and that the date of delivery and the hand written signature of the owner or operator of the designated facility on the manifest were obtained.
B. Pursuant to 40 CFR 263.21, a transporter of hazardous waste must deliver the entire quantity of hazardous waste which he has accepted from the generator or a transporter to the designated facility listed on the manifest. This facility failed to deliver the entire quantity of hazardous waste which was accepted from the generator to the designated facility listed on the manifest.
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 1/20/04
Date: _______________ _________________________
Felicia A. Robinson
Deputy Commissioner for
Legal Affairs
cc: Lake County Health Department (w/enclosure)
Office of Legal Counsel (w/enclosure)
Ms. Nancy Johnston, Office of Enforcement (w/enclosure)
Mr. Paul Higginbotham, Office of Enforcement (w/enclosure)
Mr. Scott Ormsby, Office of Land Quality (w/enclosure)
Northwest Regional Office (w/enclosure)
OLQ 1B2 File (w/enclosure)
http://www.state.in.us/idem