NOTICE OF VIOLATION
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VIA CERTIFIED MAIL# |
VIA CERTIFIED MAIL# |
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Mr. Ted McClintic, President |
Mr. Danial W. Hall, Registered
Agent for: |
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Church Brothers Collision
Repair, LLC |
Church Brothers Collision
Repair, LLC |
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Case No. 2004-13881-H
Based on an investigation on
1. Respondent operates a company with U.S.
EPA I.D. number INR000012062, 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 262.11, a person who generates a solid waste must determine if that waste is hazardous.
As noted during the inspection, Respondent did not make a proper hazardous waste determination on the still bottoms from the solvent recovery unit, which is a solid waste 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 sent its hazardous waste to a treatment 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 for transportation hazardous waste 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 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 failed to provide a one-time notice and certification.
F. Pursuant to 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 180 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.
G. Pursuant to 40 CFR 262.34(c)(1), 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 generator complies with 40 CFR 265.171, 40 CFR 265.172, and 40 CFR 265.173(a); and the containers are marked with either the words "Hazardous Waste" or with other words describing the contents.
As noted during the inspection, Respondent accumulated hazardous waste in three (3) satellite accumulation containers that were stored open and not marked with either the words “Hazardous Waste” or with other words describing the contents.
H. 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.
I. Pursuant to 329 IAC
As noted during the inspection, Respondent did not label a used oil container with the words “Used Oil.”
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 13-30-3-3, 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 Deirdre Wyatt at 317/ 233-5640 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.
For the Commissioner:
Signed on
Felicia A. Robinson
Deputy Commissioner for
Legal Affairs
cc: Hendricks County Health Department (w/enclosure)
Nicole
Sipe, Office of Legal Counsel (w/enclosure)
Nancy
Johnston, Office of Enforcement (w/enclosure)
Debbie
Chesterson, Office of Land Quality (w/enclosure)
OLQ
1B2 File (w/enclosure)
http://www.in.gov/idem