NOTICE OF VIOLATION
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VIA CERTIFIED MAIL# |
VIA CERTIFIED MAIL# |
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C. James Tranter, Jr., President |
C. James Tranter, Jr., Registered Agent for |
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Tranter Graphics Inc. |
Tranter Graphics Inc. |
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Case No. 2004-14145-H
Based on an investigation on
1. Respondent owns and operates a company
with U.S. EPA I.D. number INR000012278, 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 proper hazardous waste determinations on two (2) waste
streams, which were solid wastes generated by Respondent. Rags/napkins contaminated with lacquer
thinner containing fifteen percent toluene (Pronto solvent), should have been
assigned the F005 hazardous waste code.
Instead the rags/napkins were determined to be non-hazardous and were
disposed of as solid waste at the Packerton Landfill. Additionally, Respondent did not make a
proper waste determination on its Waste Solvent and Ink waste stream, generated
from cleaning activities. The waste
stream should have had an additional waste code of F005 assigned to it.
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 offered hazardous waste to a transporter and a disposal facility that
did not have EPA identification numbers.
Rags/napkins contaminated with Pronto solvent (F005) were offered to
Stuckman Sanitation, a solid waste transporter, and to Packerton Landfill, a
solid waste landfill, neither of which have an EPA identification number.
C. Pursuant to IC 13-30-2-1(11), a person may not deliver any hazardous waste to a hazardous waste facility that does not hold a permit from the department.
As noted during the inspection,
Respondent offered hazardous waste to a facility that does not hold a hazardous
waste permit from the department.
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 hazardous
waste manifest as required by law.
E. Pursuant to 40 CFR 262.20(a), a
generator who sends hazardous waste off-site must prepare a manifest to be used
to accompany the hazardous waste.
As noted during the inspection, Respondent did not prepare a hazardous waste manifest to accompany rags/napkins contaminated with Pronto solvent (F005) off-site.
F. 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.
As noted during the inspection,
Respondent failed to provide the notice and certification for the rags/napkins
contaminated with Pronto solvent (F005) which were offered to Packerton
Landfill.
G. 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 twenty-two (22) satellite accumulation
containers.
H. Pursuant to 40 CFR 262.34(c)(1)(i)
referencing 40 CFR 265.173(a), a container holding hazardous waste must always
be closed during storage, unless necessary to add or remove waste.
As noted during the inspection,
Respondent did not store sixteen (16) satellite containers closed.
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. 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: Kosciusko County Health Department (w/enclosure)
Office of Legal Counsel (w/enclosure)
Ms. Nancy Johnston, Office of Enforcement (w/enclosure)
Mr. Mark Espich, Office of Land Quality (w/enclosure)
Mr. Terry Coleman, Northern Regional Office (w/enclosure)
OLQ 1B2 File (w/enclosure)
http://www.in.gov/idem