NOTICE OF VIOLATION
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VIA CERTIFIED MAIL# |
VIA CERTIFIED MAIL# |
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Mr.
Charles E. Lamb, President |
Mr. Charles E. Lamb,
Registered Agent |
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Middlebury Hardwood Products,
Inc. |
Middlebury Hardwood Products,
Inc. |
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Case No. 2004-14165-H
Based on an investigation on
1. Respondent owns and 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 finish sludge and paint booth filters, which were solid wastes generated by Respondent.
B. Pursuant to 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 90 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 inspection, Respondent did not label containers with accumulation start dates.
C. 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.
D. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(a), (b), & (c), facility personnel must complete a program of classroom instruction or on-the- job training that teaches them to perform their duties in compliance with the hazardous waste management rules. Employees must be trained within six months after their date of hire and must take part in an annual review of the initial training.
As noted during the inspection, Respondent did not provide employees with initial and annual training.
E. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(d)(1-4), certain hazardous waste training related documents and records must be maintained on- site.
As noted during the inspection, Respondent did not maintain all of the required information on-site.
F. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.34, whenever hazardous waste is being handled, all personnel involved with the operation must have access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee.
As noted during the inspection, Respondent did not make an internal alarm or emergency communication device available to employees in the hazardous waste container storage area.
G. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.51, a generator must have a contingency plan.
As noted during the inspection, Respondent did not have a contingency plan.
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. Aubrey N. Sherif at 317 233-5970 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: Elkhart County Health Department (w/enclosure)
Nicole Sipe, Office of Legal Counsel (w/enclosure)
Nancy Johnston, Office of Enforcement (w/enclosure)
Scott Draschill, Office of Land Quality (w/enclosure)
Terry Coleman, Northern Regional Office (w/enclosure)
OLQ 1B2 File (w/enclosure)
http://www.in.gov/idem