NOTICE OF VIOLATION

 

VIA CERTIFIED MAIL #:

 

Mr. John S. Linder, President and Registered Agent

Odle, Inc.

7500 York Prairie Way

Muncie, Indiana 47304

 

Case No. 2004-13793-H

 

Based on an investigation on October 2 and October 7, 2003, and a record review on March 28, 2005, the Indiana Department of Environmental Management (IDEM) has reason to believe that Odle, Inc. (Respondent) has violated environmental statutes and rules.  The violations are based on the following:

 

1.                  Respondent owns and operates a company located at 2560 Kilgore Avenue in Muncie, Delaware County, Indiana (the "Site").

 

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 262.11, a person who generates a solid waste must determine if that waste is hazardous.

As noted during the inspection Respondent did not make hazardous waste determinations on:

 

1.                  approximately seventy-two (72) 55-gallon containers located outside on the north side of the property,

2.                  approximately seventy-two (72) 30-gallon containers located outside on the north side of the property,

3.                  approximately one hundred twenty-eight (128) 5-gallon containers located outside on the north side of the property,

4.                  approximately one hundred thirty-five (135) 1-gallon containers located outside on the north side of the property,

5.                  unknown number of small containers located outside on the north side of the property,

6.                  eight (8) 55-gallon containers located outside on the west side of the building,

7.                  approximately twenty (20) 55-gallon containers located outside on the southwest side of the property,

8.                  approximately sixteen (16) 30-gallon containers located outside on the southwest side of the property, and

9.                  approximately forty (40) containers of various sizes located outside on the southwest side of the property,

which were solid wastes generated by Respondent.

 

B.                 Pursuant to 40 CFR 262.20, a generator who transports or offers for transportation, hazardous waste for off-site treatment, storage, or disposal, must prepare a manifest.

As noted during the record review, Respondent transported hazardous waste off-site without preparing a manifest.

 

C.                Pursuant to IC 13-30-2-1(12), a person may not cause or allow the transportation of a hazardous waste without a manifest if a manifest is required by law.

As noted during the record review, Respondent caused or allowed the transportation of a hazardous waste without a manifest as required by law.

 

D.                Pursuant to 40 CFR 268.7(a), a generator of hazardous waste must determine if the waste has to be treated before it can be land disposed.

As noted during the record review, Respondent failed to determine if the waste had to be treated before land disposal.

 

E.                 Pursuant to 40 CFR 268.7(a)(3)(i), if a generator determines that a waste meets the treatment standard, the generator must send a one-time notification to each treatment, storage, or disposal facility receiving the waste, and place a copy in the file.

As noted during the record review, Respondent failed to send a one-time notification.

 

F.                 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 and record review, Respondent failed to notify the Commissioner of hazardous waste generator activities.

 

G.                Pursuant to 40 CFR 262.34(a) a generator may accumulate hazardous waste on-site for 90 days or less without a permit provided that the generator complies with certain Large Quantity Generator requirements.  The requirements include, but are not limited to, 40 CFR 265.32, 40 CFR 265.34, 40 CFR 265.37, 40 CFR 265.16(a), (b), & (c), 40 CFR 265.51, 40 CFR 265.53, and 40 CFR 265.174.

As noted during the inspection, Respondent failed to comply with the Large Quantity Generator requirements.

 

H.                 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 waste solvent and paint related materials located outside to minimize a release to the environment.

 

I.                     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 the following releases:

1.                  waste solvent and waste paint related materials released onto the ground outside the facility in the north waste storage area, and

2.                  a black, oily material which was allowed to leak from a 55-gallon container labeled “diesel fuel” located outside on the west side of the building.

 

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 13-30-3-3 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:

Date:

 

 

Signed April 20, 2005

 

 

 

Matthew T. Klein

 

 

 

Assistant Commissioner

 

 

 

for Compliance & Enforcement

 

cc:       Delaware County Health Department (w/enclosure)
Ms. Nicole Sipe, Office of Legal Counsel (w/enclosure)
Ms. Nancy Johnston, Office of Enforcement (w/enclosure)
Ms. Theresa Pichtel, Office of Land Quality (w/enclosure)
OLQ 1B2 File (w/enclosure)
http://www.in.gov/idem