NOTICE OF VIOLATION
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VIA CERTIFIED MAIL
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VIA CERTIFIED MAIL
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Thomas
E. Proctor, President |
Marsa A. Young, Registered Agent
for |
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Alac
Services, Inc. |
Alac
Services, Inc. |
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Case No. 2004-13886-H
Based on an investigation on
1.
Respondent owns and operates a company with U.S. EPA I.D. number IND
016184608, 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 tetrachloroethylene waste, which was a solid waste generated by Respondent. The waste code F001 was used instead of F002.
B. 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. One (1) container of hazardous waste had
a start of accumulation date of
C. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.171, if a container holding hazardous waste is not in good condition, or if it begins to leak, the generator must transfer the hazardous waste from this container to a container that is in good condition.
As noted during the inspection, Respondent stored hazardous waste in containers that were not in good condition. Two (2) 1-cubic yard Gaylord boxes located in the hazardous waste accumulation area were discolored from the waste leaking or soaking through onto the pallets and floor.
D. 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 accumulation area.
Respondent notified IDEM during a
telephone call on
E. 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 the facility to minimize releases to the environment, as evidenced by two (2) containers that were leaking, and malfunctioning equipment which allowed the hazardous waste tank to overfill.
F. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.35, a generator must maintain adequate aisle space to allow the unobstructed movement of personnel, fire protection, spill control, and decontamination equipment.
As noted during the inspection, Respondent failed to provide the required aisle space in the hazardous waste accumulation area.
G. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(d)(1-4), certain hazardous waste training related documents and records must be maintained on-site.
As noted during the inspection, Respondent did not maintain all of the required information on-site. There was no documentation indicating that annual update training had been provided in 2002; the position of Hazardous Waste Manager did not reflect the current employee; and the written job descriptions for two (2) positions contained erroneous information.
H. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.194(b), a generator must use appropriate controls and practices to prevent spills and overflows from tank or secondary containment systems.
As noted during the inspection, Respondent failed to use appropriate controls to prevent overfilling of the 1400-gallon hazardous waste tank located in the wastewater treatment area. The tank's automatic shut-off was not working properly.
As noted during the inspection, Respondent did not conduct the required inspections for the 1400-gallon hazardous waste tank located in the wastewater treatment area.
J. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.196, a tank system or secondary containment system from which there has been a leak or spill or which is otherwise unfit to use, must be removed from service immediately.
As noted during the inspection, Respondent failed to remove the 1400-gallon hazardous waste tank located in the wastewater treatment area from service even though it kept overfilling.
K. 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. No further notification is necessary until such time the waste or facility changes, in which case a new notification must be sent to the disposal facility and placed in the generator's file.
As noted during the inspection,
Respondent failed to provide the proper information on the new land disposal
restriction notification for the waste tetrachloroethylene, which became
necessary after the waste profile changed.
The notification lacked the manifest number and a legible listing of the
codes for which the waste must be treated.
The date of the attached manifest was
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. Brenda Lepter at 317/233-5971 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: Madison County Health Department (w/enclosure)
Office of Legal Counsel (w/enclosure)
Ms. Nancy Johnston, Office of Enforcement (w/enclosure)
Ms. Susan Lowry, Office of Land Quality (w/enclosure)
Office of Legal Counsel, (w/enclosure)
OLQ 1B2 File (w/enclosure)
http://www.in.gov/idem