NOTICE OF VIOLATION

 

 

Via Certified Mail #:

 

 

Via Certified Mail #:

 

 

Vernon N. Lee, President
Lee’s AWS Wrecker Service, Inc.
15010 W. St. Rd. 32
Daleville, Indiana  47334

 

Vernon N. Lee, Registered Agent
Lee’s AWS Wrecker Service, Inc.
305 W. First Street
Anderson, IN  46016

 

Case No. 2005-14499-H

 

Based on an investigation on May 14, 2004, the Indiana Department of Environmental Management (IDEM) has reason to believe that Lee’s AWS Wrecker Service, Inc. has violated environmental statutes and rules.  The violations are based on the following:

 

1.                  Respondent owns and operates a company located at 305 West 1st Street in Anderson, Madison 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, oil and fuel 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, oil, and fuel to be open dumped.

 

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, oil, and fuel 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, oil, and fuel to be deposited 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 fluids, oil, and fuel to be open dumped.

 

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 caused and/or allowed automotive fluids, oil, and fuel to be released into the environment in many areas throughout the facility.

 

1.                  Pursuant to IC 13-30-2-1(14), a person may not apply or allow the application of used oil to the ground.

As noted during the inspection, Respondent applied and/or allowed the application of used oil to the ground surface.

 

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 actions 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 of 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 Idelia Walker-Glover at 317/233-3830 phone number within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.

 

 

 

 

 

FOR THE COMMISSIONER:

Date:

 

 

Signed on June 21, 2005

 

 

 

Matthew T. Klein

 

 

 

Assistant Commissioner for

 

 

 

Compliance & Enforcement

 

cc:       Madison County Health Department (w/enclosure)
Nicole Sipe, Office of Legal Counsel (w/enclosure)
Nancy Johnston, Office of Enforcement (w/enclosure)
Matthew T. Klein, Office of Enforcement and Compliance (w/enclosure)
Rosemary Cantwell, Office of OLQ (w/enclosure)
OLQ IB2 File (w/enclosure)
http://www.in.gov/idem