NOTICE OF VIOLATION

Case No. 2004-13855-H

Based on an investigation on February 10, 2004, the Indiana Department of Environmental Management (IDEM) has reason to believe that Preferred, Inc. - Indianapolis has violated an environmental statute and environmental rules.  The violations are based on the following:

1.         Respondent owns and operates a company with U.S. EPA I.D. number INR 000 015 396, located at 15390 Stony Creek Way in Noblesville, Hamilton 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 solvent-contaminated rags, which were solid wastes generated by Respondent.

 B.        Pursuant to 40 CFR 262.12(c), a generator must not offer its hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number.

As noted during the inspection, Respondent offered its hazardous waste to a transporter and a disposal facility that did not have an EPA identification number.

C.        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 inspection, Respondent offered hazardous waste for transportation off-site without preparing a manifest.

D.        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 inspection, Respondent caused or allowed the transportation of a hazardous waste without a manifest as required by law.

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 containers with the accumulation start dates.  

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 329 IAC 13-4-3(d), generators must label all used oil containers and aboveground tanks with the words “Used Oil.”

As noted during the inspection, Respondent did not label used oil containers with the words “Used Oil.”

H.        Pursuant to 40 CFR 262.34(a)(1)(i) and (c)(1) referencing 40 CFR 265.173(a), a container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste. 

            As noted during the inspection, Respondent did not store containers closed.

I.          Pursuant to 40 CFR 262.40(a), a generator must keep a copy of each manifest for at least three years from the date the waste was accepted by the initial transporter.

As noted during the inspection, Respondent did not maintain all of the required copies on-site.

J.          Pursuant to 40 CFR 262.20(a), a generator who sends hazardous waste off-site must ensure that manifests are fully filled out and contain accurate information. 

As noted during the inspection, Respondent did not include all of the required information on several manifests.  

K.        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. 

As noted during the inspection, Respondent did not determine if the hazardous waste rags were restricted from land disposal, and if they needed to be treated before being land disposed. 

L.         Pursuant to 40 CFR 268.7(a)(2), if a generator determines that a waste does not meet treatment standards, the generator must submit to the treatment, storage, or disposal facility a one-time notice and certification.

As noted during the inspection, Respondent did not submit a one-time notice and certification for the hazardous waste rags.

M.        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. 

N.        Pursuant to 40 CFR 268.40(a)(3), a prohibited waste identified in the table "Treatment Standards for Hazardous Wastes" may be land disposed only if it meets the requirements found in the table, and the waste must be treated using the technology specified in the table.

            As noted during the inspection, Respondent did not use proper treatment technology when it attempted to treat its F005 hazardous waste rags.

            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 Aubrey N. Sherif at 317/233-5970 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.

For the Commissioner:

Signed 7/13/04

Felicia A. Robinson

Deputy Commissioner for

Legal Affairs

cc:        Hamilton County Health Department (w/enclosure)

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

Nancy Johnston, Office of Enforcement (w/enclosure)

Susan Lowry, Office of Land Quality (w/enclosure)

OLQ 1B2 File (w/enclosure)

http://www.in.gov/idem