NOTICE OF VIOLATION

 

VIA CERTIFIED MAIL #:

 

 

VIA CERTIFIED MAIL #:

 

Mr. Paul E. Pierce, President and Registered Agent

GW Pierce Auto Parts, Inc.

RR1

Lewisville, Indiana 47352

 

Case No. 2005-14413-H

 

Based on an investigation on May 13, 2004, the Indiana Department of Environmental Management (IDEM) has reason to believe that GW Pierce Auto Parts, Inc. (Respondent) has violated environmental statutes and rules.  The violations are based on the following:

 

1.                  Respondent owns and operates a company located at 4416 South Madison Avenue in Muncie, Delaware 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 over 1,000 waste tires, a solid waste, to be stored, and/or caused or allowed automotive fluids, oil, fuel and waste tires, 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 waste tires, automotive fluids, oil, and fuel, solid wastes, to be open dumped at the Site.

 

4.                  Pursuant to 329 IAC 15-3-2, the owner or operator of a waste tire storage site shall possess a valid certificate of registration issued under 329 IAC 15-3; comply with all applicable requirements of 329 IAC 15-3; and maintain financial assurance as required by 329 IAC 15-5.

As noted during the inspection, Respondent stored at least one thousand waste tires outside without a valid certificate of registration under 329 IAC 15-3; did not comply with all applicable requirements of 329 IAC 15-3; and did not maintain financial assurance as required by 329 IAC 15-5.

 

5.                  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 waste tires, automotive fluids, oil, and fuel, contaminants, at the Site in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3.

 

6.                  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 waste tires, automotive fluids, oil, and fuel, contaminants or solid waste, to be deposited at the Site in a method unacceptable to the solid waste management board.

 

7.                  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 waste tires, automotive fluid, oil, and fuel, solid wastes, to be open dumped at the Site.

 

8.                  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 waste tires and waste automotive fluid, oil, and fuel, to be released into the environment in many areas throughout the facility.

 

9.                  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

 

10.             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.

 

11.             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.

 

12.             Pursuant to 329 IAC 13-4-3(d), generators must label all used oil containers and above ground tanks with the words “Used Oil.”

As noted during the inspection, Respondent did not label used oil containers 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 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:

Date:

 

 

Signed on March 2, 2005

 

 

 

Linda Runkle

 

 

 

Assistant Commissioner

 

cc:       Delaware County Health Department
Nicole Sipe, Office of Legal Counsel
Nancy L. Johnston, Office of Enforcement
Aaron Greene, Office of Land Quality
OLQ 1B2 File
http://www.in.gov/idem