NOTICE OF VIOLATION
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VIA CERTIFIED MAIL# _____________________________ |
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Mr. David Nirschl |
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d/b/a Industrial Service Group |
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49 Boone Village, #245 |
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Case No. 2004-14139-H
Based on an investigation on
1. Respondent owns and/or operates a
company with U.S. EPA I.D. No. INR 000 108 340, 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 263.20, a transporter may not accept hazardous waste from a generator unless it is accompanied by a manifest signed in accordance with the provisions of 40 CFR 262.20.
As noted during the inspection, Respondent accepted hazardous waste from a generator but the manifest was not signed in accordance with the provisions of 40 CFR 262.20.
B. Pursuant to 40 CFR 263.12, a transporter who stores manifested shipments of hazardous waste in containers meeting the requirements of 262.30 at a transfer facility for a period of ten (10) days or less is not subject to regulation under 40 CFR Parts 270, 264, 265, and 268 with respect to those wastes.
As noted during the inspection, Respondent stored hazardous waste for greater than ten (10) days without complying with 40 CFR Parts 270, 264, 265, and 268.
C. Pursuant to 40 CFR 270.1(c), RCRA requires a permit for the treatment, storage and disposal of any hazardous waste as identified or listed in 40 CFR Part 261.
As noted during the inspection, Respondent stored hazardous waste identified or listed in 40 CFR Part 261 without a permit.
D. Pursuant to IC 13-30-2-1(10), a person may not commence or engage in the operation of a hazardous waste facility without having first obtained a permit from the department.
As noted during the inspection, Respondent operated a hazardous waste facility without having first obtained a permit from the department.
E. Pursuant to 329 IAC 3.1-1-10, every hazardous waste generator, transporter, or owner or operator of a hazardous waste facility, must notify the Commissioner of its hazardous waste activity on the approved forms.
As noted during the inspection, Respondent failed to notify the Commissioner of hazardous waste storage activities.
F. 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 approximately twenty (20) unidentified 55-gallon drums and twenty-three (23) 250-gallon totes of sodium hydroxide, which were solid wastes generated by Respondent.
G. 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 approximately twenty (20) unidentified 55-gallon drums and twenty-three (23) 250-gallon totes of sodium hydroxide were restricted from land disposal and if the waste had to be treated before being land disposed.
H. Pursuant to 329 IAC
As noted during the inspection, Respondent did not label four (4) 55-gallon drums and two (2) 250-gallon totes of used oil 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 Richard R. Milton at 317/232-4463 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: Marion County Health Department (w/enclosure)
Nicole Sipe, Office of Legal Counsel (w/enclosure)
Nancy Johnston, Office of Enforcement (w/enclosure)
Lisa Smith, Office of Land Quality (w/enclosure)
OLQ 1B2 File (w/enclosure)
http://www.in.gov/idem