NOTICE OF VIOLATION

Via Certified Mail #:

Via Certified Mail #:

George Waro, President

Brent Fifer,  Registered Agent

Wood Recycling, Inc.

Wood Recycling, Inc.

1009 South Division Street

1009 South Division Street

Bristol, Indiana 46507

Bristol, Indiana  46507

                                               

 

Case No. 2004-14069-A

 

Based on ongoing investigations, the Indiana Department of Environmental Management (IDEM) has reason to believe that Wood Recycling, Inc., (Respondent) has violated environmental statute(s), rule(s) and/or permit(s).  The violations are based on the following:

 

1.                  Respondent owns/operates a scrap wood grinding and mulch production facility, with ID No. 039-00183, located at 1009 South Division Street in Bristol, Elkhart County, Indiana (the “Site”).

 

2.         Pursuant to 326 IAC 6-4-2(4) and permit M039-14830-00183, Condition D.1.3, no source shall allow fugitive dust to visibly cross the boundary or property line of a source.

 

On May 12, 2004, the IDEM inspector observed dust crossing the Wood Recycling Inc. property line, a violation of 326 IAC 6-4-2(4) and permit M039-14830-00183, Condition D.1.3

 

3.                  Pursuant to permit M039-14930-00183, Condition D.1.6, water shall be applied, as necessary to the raw mulch and finished mulch storage piles to prevent emission of fugitive particulate matter from crossing the Wood Recycling, Inc. property line. 

 

On May 12, 2004, the IDEM inspector did not observe this source applying water to the storage piles to prevent emissions of fugitive emissions from crossing the Wood Recycling, Inc. property line, a violation of permit M039-14830-00183, Condition D.1.6.

           

In accordance with IC 13-30-3-3, the Commissioner herein provides notice that a 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 Amy Moreland at 317.232.8428 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.

 

For the Commissioner:

 

Signed 9/03/04

 

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

 

cc:        Elkhart County Health Department

            Office of Legal Counsel

            Amy Moreland, Office of Enforcement

            Tony Pelath, NRO/Office of Air Quality

            Enforcement File 2004-14069-A

            Public File