NOTICE OF VIOLATION

 

VIA CERTIFIED MAIL #:

 

Mr. John Ridge

407 West 9th Street

Sheridan, Indiana  46069

 

Case No. 2004-14418-H

 

Based on an investigation on May 12, 2004, the Indiana Department of Environmental Management (IDEM) has reason to believe that Mr. John Ridge (Respondent) has violated environmental statutes and rules.  The violations are based on the following:

 

1.                  Respondent operates a salvage yard located at 407 West 9th Street, in Sheridan, Hamilton 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.

 

3.                  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 the contents of numerous unlabeled 55-gallon drums which were solid wastes generated by Respondent.

 

4.                  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, oil, fuel, and other solid wastes, to be disposed at the Site in a manner which creates a threat to human health or the environment.

 

5.                  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, oil, and fuel, solid wastes, to be open dumped at the Site.

 

6.                  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, oil, and fuel, contaminants, at the Site in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3.

 

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

 

8.                  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 fluids, oil, and fuel, solid wastes, to be open dumped at the Site.

 

9.                  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 automotive fluids, oil, and fuel, to be released into the environment in many areas throughout the facility.

 

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 Richard R. Milton at 317/232-4463 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 (w/enclosure)
Nicole Sipe, Office of Legal Counsel (w/enclosure)
Nancy Johnston, Office of Enforcement (w/enclosure)
Aaron Green, Office of Land Quality (w/enclosure)
OLQ 1B2 File (w/enclosure)
http://www.in.gov/idem