NOTICE OF VIOLATION

 

VIA CERTIFIED MAIL#

 

 

VIA CERTIFIED MAIL#

 

Mr. Mike Gaudiani, President

 

CT Corporation System, Registered Agent

Veritrans Specialty Vehicles, Inc.

 

Veritrans Specialty Vehicles, Inc.

7619 Brigham Road

 

251 East Ohio Street, Suite 1100

Gates Mills, Ohio 44040

 

Indianapolis, Indiana 46204

 

Case No. 2004-14144-H

 

Based on investigations on June 2 and November 9, 2004, the Indiana Department of Environmental Management (IDEM) has reason to believe that Veritrans Specialty Vehicles, Inc. d/b/a Goshen Coach Plant 3 (Respondent) has violated environmental statutes and rules.  The violations are based on the following:

 

1.                  Respondent owns and operates a company with U.S. EPA I.D. number INR 000 015 917, located at 2950 Dexter Drive in Elkhart, Elkhart County, Indiana (the "Site").

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 262.34(f), a generator who generates greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month and who accumulates hazardous waste for more than 180 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 inspections, Respondent stored hazardous waste on-site for greater than 180 days without complying with 40 CFR Part 264 and 40 CFR Part 270.

B.                 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 inspections, Respondent stored hazardous waste identified or listed in 40 CFR Part 261.

C.                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 inspections, Respondent operated a hazardous waste facility without having first obtained a permit from the department.

D.                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 inspections, Respondent failed to notify the Commissioner of hazardous waste storage activities.

E.                 Pursuant to 40 CFR 262.34(d)(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 inspections, Respondent failed to provide the required aisle space in the outside storage area.

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 inspections, Respondent did not label containers with accumulation start dates.

G.                Pursuant to 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for 180 days or less without a permit, provided that containers are marked with the words "Hazardous Waste."

As noted during the inspections, Respondent did not label containers with the words "Hazardous Waste."

 

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 Ms. Lori Colpaert at 317-232-7202 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.

 

 

 

 

For the Commissioner:

Date:

 

 

Signed on March 16, 2005

 

 

 

Matthew T. Klein

 

 

 

Assistant Commissioner

 

 

 

for Compliance and Enforcement

 

cc:       Ms. Jennifer Luers, VSV Group

Elkhart County Health Department (w/enclosure)

Ms. Nicole Sipe, Office of Legal Counsel (w/enclosure)

Ms. Lori Colpaert, Office of Enforcement (w/enclosure)

Ms. Lisa Smith, Office of Land Quality (w/enclosure)

Northern Regional Office (w/enclosure)

OLQ 1B2 File (w/enclosure)

http://www.in.gov/idem