NOTICE OF VIOLATION
Via Certified Mail# ____________________
To:
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Mike Zatkoff, President and Registered Agent |
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International Recycling, Inc. |
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Via Certified Mail# ____________________
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Mike Ochstein, Member |
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FLM, LLC |
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c/o Andy Kleiman, Registered Agent for FLM, LLC |
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Dann Pecar Newman
& Kleiman PC |
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2300 |
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Via Certified Mail# ____________________ Via Certified
Mail#_______________
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Dr. Deiter Zetsche,
President |
CT Corporation, Registered Agent for |
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DaimlerChrysler Corporation |
DaimlerChrysler Corporation |
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Case No. 2004-13711-H
Based on an investigation on
1. Respondent International Recycling, Inc. operates a company with U.S. EPA
I.D. number INR 000 110 692, located at
2. Respondent FLM, LLC owns the property at the Site on which International Recycling, Inc. operates.
3. Respondent DaimlerChrysler Corporation's Indianapolis Foundry is the generator of the solid waste disposed at the Site.
4. DaimlerChrysler Corporation entered into a purchase order with International Recycling, Inc. for the collection, transportation, and beneficial reuse or disposal of spent foundry sand generated by operations at DaimlerChrysler Corporation's Indianapolis Foundry.
5. International Recycling, Inc. is storing spent foundry sand generated by DaimlerChrysler Corporation's Indianapolis Foundry on property owned by FLM, LLC.
A. Pursuant to IC 13-30-2-1(5), a person may not dump, cause or allow the open dumping of garbage or of any other solid waste in violation of the rules adopted by the solid waste management board.
As noted during the inspection, Respondents caused and/or allowed waste foundry sand, a contaminant, to be open dumped at the Site in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3, thus violating IC 13-30-2-1(5).
B. Pursuant to IC 13-30-2-1(4), 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.
As noted during the inspection, Respondents deposited, caused, or allowed the deposit of waste foundry sand on the ground in a method which is unacceptable to the solid waste management board.
C. Pursuant to 329 IAC
As noted during the inspection, Respondents caused or allowed the disposal of waste foundry sand in a manner which created a threat to human health or the environment.
D. Pursuant to 329 IAC
As noted during the inspection, Respondents caused or allowed waste foundry sand, a solid waste, to be open dumped
at the Site.
In accordance with IC 13-30-3-3, the Commissioner herein provides notice that a 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.
To discuss this matter further, please contact Richard R. Milton at 317/232-4463 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: _5/17/04_________
Felicia A. Robinson
Deputy Commissioner for
Legal Affairs
cc: Marion County Health Department (w/enclosure)
Scott Stoner, DaimlerChrysler Indianapolis Foundry (w/enclosure)
Nicole Sipe, Office of Legal Counsel (w/enclosure)
Nancy Johnston, Office of Enforcement (w/enclosure)
Chris Lowell, Office of Land Quality (w/enclosure)
OLQ 1B2 File (w/enclosure)
http://www.in.gov/idem