NOTICE OF VIOLATION

 

VIA CERTIFIED MAIL #:

 

 

VIA CERTIFIED MAIL #:

 

Eldon Parker, President and Registered Agent

 

 

Parker Auto Parts of Vincennes, Inc.

 

 

711 S. 15th St.

 

 

Vincennes, IN 47591

 

 

 

Case No. 2004-14392-H

 

Based on an investigation on May 5, 2004, the Indiana Department of Environmental Management (IDEM) has reason to believe that Parker Auto Parts of Vincennes, Inc. (Respondent) has violated environmental statutes and rules.  The violations are based on the following:

 

1.                  Respondent owns and/or operates the facility located at 1601 South 15th Street in Vincennes, Knox County, Indiana (the "Site").

 

2.                  Pursuant to 329 IAC 10-4-2, no person shall cause or allow the storage, containment, processing, or disposal of solid waste in a manner which creates a threat to human health or the environment, including the creating of a fire hazard, vector attraction, air or water pollution, or other contamination.

As noted during the inspection, Respondent caused and/or allowed automotive fluids, solid wastes, to be disposed at the Site in a manner which creates a threat to human health or the environment.

 

3.                  Pursuant to 329 IAC 10-4-3, open dumping and open dumps, as those terms are defined in IC 13-11-2-146 and IC 13-11-2-147, are prohibited.

As noted during the inspection, Respondent caused and/or allowed automotive fluids, to be open dumped at the Site.

 

4.                  Pursuant to IC 13-30-2-1(3), no person shall deposit any contaminants upon the land in a place or manner that creates or would create a pollution hazard that violates or would violate 329 IAC 10-4-2 and 329 IAC 10-4-3.

As noted during the inspection, Respondent deposited automotive fluids, contaminants, at the Site in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3.

5.                  Pursuant to IC 13-30-2-1(4), no person shall deposit or cause or allow the deposit of contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the solid waste management board.

As noted during the inspection, Respondent caused and/or allowed automotive fluids, contaminants or solid waste, to be deposited at the Site in a method unacceptable to the solid waste management board.

 

6.                  Pursuant to IC 13-30-2-1(5), no person shall dump or cause or allow the open dumping of garbage or any other solid waste in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3.

As noted during the inspection, Respondent caused and/or allowed automotive fluid, solid wastes, to be open dumped at the Site.

 

7.                  Pursuant to IC 13-30-2-1(1), no person shall discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources, into the environment in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3.

As noted during the inspection, Respondent allowed automotive fluid to be released into the environment in many areas throughout the facility.

 

8.                  Pursuant to 327 IAC 15, a person who has a point source discharge of storm water associated with industrial activity and meets the general and applicability requirements of 327 IAC 15-2-2(a)(1), 15-2-3, and 15-6-2, must comply with, among other things, the requirements of 327 IAC 15-2-5, 15-6-5, 15-6-7, 15-6-7.3, and 15-6-7.5.

As noted during the inspection, point source discharges of storm water associated with industrial activity have occurred at the Site, and Respondent’s industrial activity meets the general and applicability requirements of 327 IAC 15-2-2(a)(1), 15-2-3, and 15-6-2, but Respondent had not complied with the requirements of 327  IAC 15-2-5, 15-6-5, 15-6-7, 15-6-7.3, and 15-6-7.5.

 

9.                  Pursuant to 327 IAC 15-2-5, any person responsible for the operation of a facility from which a point source discharge of pollutants and/or storm water occurs must submit a Notice of Intent (NOI) letter to the commissioner that complies with this section, 327 IAC 15-3, and the additional requirements in any applicable general permit rule.

As noted during the inspection, Respondent failed to submit an NOI letter to the commissioner.

 

10.             Pursuant to 327 IAC 15-6-2(a)(5)(E), the requirements of this rule apply to all facilities involved in the recycling of materials, including metal scrap yards, battery reclaimers, salvage yards, and automobile junkyards, including those classified under the following SIC codes:

(i)                 5015 (motor vehicle parts, used), and

 

(ii)               5093 (scrap and waste materials).

 

As noted during the inspection, Respondent failed to comply with the requirements of 327 IAC 15-6, including, but not limited to, the following:

(a)               Failure to submit additional information with the NOI letter as required by 327 IAC 15-6-5.

 

(b)               Failure to develop, implement, update, and maintain a Storm Water Pollution Prevention Plan as required by 327 IAC 15-6-7.

 

(c)               Failure to monitor as required by 327 IAC 15-6-7.3.

 

(d)               Failure to submit an annual report to the commissioner as required by 327 IAC 15-6-7.5.

 

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 Deirdre Wyatt at (317)233-5640 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 & Enforcement

 

cc:       Hamilton County Health Department
Nicole Sipe, Office of Legal Counsel
Nancy Johnston, Office of Enforcement
Aaron Green, Office of Land Quality
Jucy Dicus Thomann, Southwest Regional Office
OLQ 1B2 File (w/enclosure)
http://www.in.gov/idem