NOTICE OF VIOLATION
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VIA CERTIFIED MAIL# _____________________________ |
VIA CERTIFIED MAIL# ______________________________ |
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James E. Dondlinger, President |
C T Corporation System Registered Agent |
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Fort Wayne Fleet Equipment Company |
Fort Wayne Fleet Equipment Company |
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Case No. 2004-14045-H
Based on an investigation on
1. Respondent operates a company with U.S.
EPA I.D. number
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 wipes, 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 sent its hazardous waste off-site with a transporter and to 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 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), 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 solvent contaminated wipes (FOO3, FOO5, DOO1) were restricted from land disposal or needed to be treated before being land disposed.
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 storing paint related waste (F003, F005, D001).
G. Pursuant to 329 IAC
As noted during the inspection, Respondent did not label seven (7) 55-gallon drums and three (3) 35-gallon drums used to store used oil.
H. 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, Respondent caused and/or allowed used oil, a contaminant or solid waste to be deposited at the Site in a method unacceptable to the solid waste management board.
I. Pursuant to 329 IAC 13-4-3(e), upon detection of a release of used oil to the environment not subject to the requirements of 40 CFR 280 Subpart F, which has occurred after the effective date of this rule, a generator must perform the following clean-up steps:
(1) Stop the release.
(2) Contain the released used oil.
(3) Clean up and manage properly the released used oil and other materials.
(4) Communicate a spill report in accordance with 327 IAC 2-6.1.
(5) If necessary to prevent future releases, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.
As noted during the inspection, Respondent allowed releases of used oil to the environment and failed to perform the clean-up steps.
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 Idelia Walker-Glover at 317-233-3830 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.
For the Commissioner:
Signed
Felicia A. Robinson
Deputy Commissioner for
Legal Affairs
cc: Huntington County Health Department (w/enclosure)
David Scheitlin, Fort Wayne Fleet Equipment Co., Operation Manager (w/enclosure)
Nicole Sipe, Office of Legal Counsel (w/enclosure)
Nancy Johnston, Office of Enforcement (w/enclosure)
OLQ 1B2 File (w/enclosure)
http://www.in.gov/idem