NOTICE OF VIOLATION
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VIA
CERTIFIED MAIL#
_______________________ |
VIA
CERTIFIED MAIL#
_____________________ |
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Mr. Omer G. Kropf,
President |
CT Corporation System,
Registered Agent |
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Supreme Corporation
d/b/a |
Supreme Corporation
d/b/a |
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Tower Structural Laminating, Inc. |
Tower Structural Laminating, Inc. |
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36 South
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Case No. 2003-13660-H
Based on an investigation on
1.
Respondent owns and operates a company with U.S. EPA I.D. number INR 000
005 801, located at
2. 329 IAC 3.1 incorporates certain federal hazardous waste management requirements found in 40 CFR Parts 260 through 273, including those identified below.
A. 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.
As noted during the inspection, Respondent stored hazardous waste on-site for greater than 90 days without complying with 40 CFR Part 264 and 40 CFR Part 270.
B. Pursuant to 40 CFR 270.1(c), RCRA requires a permit for the treatment, storage and disposal of any hazardous waste as identified or listed in 40 CFR Part 261.
As noted during the inspection, Respondent stored hazardous waste identified or listed in 40 CFR Part 261 without a permit.
C. Pursuant to IC 13-30-2-1(10), a person may not commence or engage in the operation of a hazardous waste facility without having first obtained a permit from the department.
As noted during the inspection, Respondent operated a hazardous waste facility without having first obtained a permit from the department.
D. Pursuant to 329 IAC 3.1-1-10, every hazardous waste generator, transporter, or owner or operator of a hazardous waste facility, must notify the Commissioner of its hazardous waste activity on the approved forms.
As noted during the inspection, Respondent failed to notify the Commissioner of hazardous waste storage activities.
E. 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.
As noted during the inspection, Respondent did not label a container with the accumulation start date.
F. 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.
As noted during the inspection, Respondent did not properly label satellite accumulation containers.
G. Pursuant to 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.
As noted during the inspection, Respondent did not store a satellite hazardous waste accumulation container closed.
H. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(a), (b), & (c), facility personnel must complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in compliance with the hazardous waste management rules. Employees must be trained within six months after their date of hire and must take part in an annual review of the initial training.
As noted during the inspection, Respondent did not provide facility personnel with initial or annual training.
I. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.31, facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste to the air, soil, or surface water, which could threaten human health or the environment.
As noted during the inspection, Respondent failed to properly manage hazardous waste acetone to minimize a release to the environment.
J. 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 40 CFR 265.31.
As noted during the inspection, Respondent allowed a discharge of hazardous waste acetone in violation of 40 CFR 265.31.
K. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.32, all facilities must be equipped with an internal communications or alarm system; a device such as a telephone or hand-held two-way radio; and fire control, spill control, and decontamination equipment.
As noted during the inspection, Respondent is not equipped with spill control equipment.
L. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.52, a facility’s contingency plan must include certain information.
As noted during the inspection, Respondent's contingency plan did not include all of the required information.
M. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.174, a generator must conduct weekly inspections of container storage areas.
As noted during the inspection, Respondent failed to conduct weekly inspections of the hazardous waste storage trailer.
N. Pursuant to 40 CFR 268.7(a)(5), if a generator is treating prohibited waste in tanks, containers, or containment buildings, the generator must develop and follow a written waste analysis plan which describes how the generator will comply with the treatment standards.
As noted during the inspection, Respondent did not prepare and follow a written waste analysis plan.
In accordance with IC 13-30-3-3, the Commissioner herein provides notice that violations may exist and offers an opportunity to enter into an Agreed Order providing for the action 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.
As provided in IC 13-30-3-4, an alleged violator may enter into an Agreed Order without admitting that the violations occurred. IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violations and avoidance of extensive litigation. Timely settlement by Agreed Order may result in a reduced civil penalty. Also, settlement discussions will allow the opportunity to present any mitigating factors that may be relevant to the violations.
If an Agreed Order is not entered into within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the actions that must be taken to correct the violations and requiring the payment of 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. Lori Colpaert at 317-232-7202 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.
For the Commissioner:
Signed
Date: _______________ _________________________
Felicia A. Robinson
Deputy Commissioner for
Legal Affairs
cc: Noble County Health Department (w/enclosure)
Ms. Nicole Sipe, Office of Legal Counsel (w/enclosure)
Ms. Nancy Johnston, Office of Enforcement (w/enclosure)
Mr. Mark Espich, Office of Land Quality (w/enclosure)
OLQ 1B2 File (w/enclosure)
http://www.in.gov/idem