NOTICE OF VIOLATION
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Via
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To: |
Henry L. Boch, President |
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Henry L. Boch, Registered Agent for |
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Via Certified
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To: |
Henry L. Boch, Individual |
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Case No. 2005-14534-H
Based on an investigation conducted from
August 2004 through March 2005, which included site visits conducted on August
23, 24, 25, 28, 30, and 31, 2004, September 1, 2, 9, 22, and 23, 2004, December
9, 2004, and January 13, 2005, the Indiana Department of Environmental
Management (“IDEM”) has reason to believe that Cable Plastics Reclaiming, Inc. and
Henry L. Boch (collectively, “Respondents”) have
violated environmental statutes and rules.
The violations are based on the following:
1.
Respondent Cable Plastics Reclaiming, Inc. owns
and operates or operated a facility (the “facility”) located at 755 S. 500 W in
LaPorte,
2.
Respondent Henry L. Boch
is personally involved with and responsible for operations at the
facility. Respondent Henry L. Boch is also the President of Cable Plastics Reclaiming, Inc.
3.
IDEM’s investigation
revealed that the Respondents’ operations at the facility, consisting of the
reclaiming of copper, polyethylene, nylon, and polyvinyl chloride (“PVC”) from
scrap insulation generated by wire choppers, commenced on or about March 2004,
and continued through on or about February, 2005.
4.
IDEM’s investigation
revealed that the Respondents’ operations at the facility generated various
solid wastes, including, but not limited to:
mica mud sludge, mica filter media, filter rinse sludge, unusable
filters, compactor waste streams, process wastewater, PVC pellets, and shredded
wire. Additionally, IDEM’s
investigation revealed that one or more of the solid wastes generated by the
Respondents at the facility contained, among other things, various contaminants
including, but not limited to, lead, copper, chlorides, and dissolved solids.
5.
329
6.
Pursuant to 40 CFR 262.11, a person who
generates a solid waste must determine if that waste is hazardous.IDEM’s
investigation revealed that Respondents did not make hazardous waste
determinations on the following wastes, which were solid wastes generated by the
Respondents at the facility, in violation of 329 IAC 3.1:
A.
Mica mud sludge;
B.
Mica filter media;
C.
Filter rinse sludge;
D.
Unusable filters;
E.
Compactor waste;
F.
Process wastewater and all other sludges; and
G.
Any and all other wastes associated with the
facility’s operations.
7.
The results of toxicity characteristic leaching
procedure analyses conducted on samples obtained by IDEM on August 25, 2004,
and September 9, 2004, and samples obtained on January 13, 2005, by an
independent laboratory retained by the Respondents, indicate that the mica mud
sludge, mica filter media, and the process wastewater generated by the
Respondents at the facility contain lead concentrations that exceed the
hazardous waste regulatory threshold for lead, set forth in 40 CFR Part 261, of
5.0 milligrams per liter. Thus, the mica
mud sludge, mica filter media, and the process wastewater generated by the
Respondents at the facility are hazardous wastes, designated as United States
Environmental Protection Agency (“EPA”) Hazardous Waste Code D008, and the
Respondents are hazardous waste generators.
8.
Pursuant to 40 CFR 262.12(c), a generator must
not offer its hazardous waste to transporters or to treatment, storage, or
disposal facilities that have not received an EPA identification number.
IDEM’s investigation revealed that the Respondents offered
hazardous waste [mica sludge (EPA Hazardous Waste Code D008) and mica filter
media (EPA Hazardous Waste Code D008)] to a transporter that did not have an
EPA identification number (SES Environmental), and to a disposal facility that
did not have an EPA identification number (Three Oaks Landfill). Additionally, IDEM’s
investigation revealed that the Respondents offered, to the LaPorte
County Highway Department, which did not have an EPA identification number,
hazardous waste [process wastewater (EPA Hazardous Waste Code D008)], for use
on county roads as dust suppressant, which constitutes disposal, in violation
of 329 IAC 3.1.
9.
Pursuant to 40 CFR 262.20, a generator who
transports or offers for transportation, hazardous waste for off-site
treatment, storage, or disposal, must prepare a manifest.
IDEM’s investigation revealed that the Respondents
offered hazardous waste for transportation off-site without preparing a
manifest, in violation of 329 IAC 3.1.
10.
Pursuant to Indiana Code (“IC”) 13-30-2-1(12), a
person may not cause or allow the transportation of a hazardous waste without a
manifest if a manifest is required by law.
IDEM’s investigation revealed that the Respondents
caused or allowed the transportation of hazardous waste without manifests
required by law, in violation of IC 13-30-2-1(12).
11.
Pursuant to 40 CFR 268.7(a)(2), if a generator
determines that a waste does not meet treatment standards, the generator must
submit to the treatment, storage, or disposal facility a one-time notice and
certification.
IDEM’s investigation revealed that the Respondents
failed to provide to a disposal facility (Three Oaks Landfill) the notice and certification
required for the wastes that did not meet treatment standards [i.e., mica mud sludge
(EPA Hazardous Waste Code D008) and mica filter media (EPA Hazardous Waste Code
D008)], in violation of 329 IAC 3.1.
12.
Pursuant to 40 CFR 270.1(c), a permit is
required for the treatment, storage and disposal of any hazardous waste as
identified or listed in 40 CFR Part 261.
IDEM’s investigation revealed that the Respondents
stored, treated, and/or disposed of hazardous waste identified or listed in 40
CFR Part 261 without a permit.
Specifically, the Respondents stored and/or treated and/or disposed of,
into a surface impoundment located on property adjacent to the Site, mica mud
sludge (EPA Hazardous Waste Code D008), mica filter media (EPA Hazardous Waste
Code D008), and/or process wastewater (EPA Hazardous Waste Code D008), without
a permit, in violation of 329 IAC 3.1.
13.
Pursuant to IC 13-30-2-1(10), a person may not
commence or engage in the operation of a hazardous waste facility without
having first obtained a permit from IDEM.
IDEM’s investigation revealed that the Respondents
operated a hazardous waste facility without having first obtained a permit from
IDEM, in violation of IC 13-30-2-1(10).
14.
Pursuant to 329 IAC 3.1-1-10, every hazardous
waste generator, transporter, or owner or operator of a hazardous waste
facility, must notify the Commissioner of IDEM of its hazardous waste activity
on the approved forms.
IDEM’s investigation revealed that the Respondents failed
to notify the Commissioner of IDEM of its hazardous waste treatment, storage,
and/or disposal activities, in violation of 329 IAC 3.1.
15.
Pursuant to 40 CFR 262.12(a), a generator of
hazardous waste must not treat, store, dispose, transport, or offer for
transportation, hazardous waste without first receiving an EPA identification number.
IDEM’s investigation revealed that the Respondents
failed to receive an EPA identification number prior to treating, storing,
and/or disposing of hazardous waste and prior to offering hazardous waste for
transportation, in violation of 329 IAC 3.1.
16.
Pursuant to 40 CFR 264.1, the owners and operators of a facility which
treats, stores, or disposes of hazardous waste must comply with all applicable
portions of 40 CFR 264.
IDEM’s investigation revealed that the Respondents
failed to comply with requirements contained in 40 CFR 264 with respect to the
surface impoundment located on property adjacent to the Site into which the
Respondents disposed of hazardous waste without a permit, in violation of 329
IAC 3.1.
17.
Pursuant to 329 IAC
IDEM’s investigation revealed that the Respondents
caused or allowed the storage, containment, processing, and/or disposal of
solid waste in a manner that created a threat to human health and/or the
environment, including the threat of water pollution (by depositing solid waste
into a surface impoundment located on property adjacent to the Site, which may
have a hydrological connection to the groundwater), in violation of 329 IAC
10-4-2.
18.
Pursuant to 329 IAC
IDEM’s investigation revealed that the Respondents
caused and/or allowed the open dumping of solid wastes at the Site and/or on
property located adjacent to the Site, in violation of 329 IAC
19.
Pursuant to IC 13-30-2-1(1), no person may
discharge, emit, cause, allow, or threaten to 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 or into any publicly
owned treatment works in any form which causes or would cause pollution which
violates or which would violate rules, standards, or discharge or emission
requirements adopted by the appropriate board under the environmental
management laws.
IDEM’s investigation revealed that the Respondents
caused and/or allowed the discharge of contaminants and/or wastes into the
environment, in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3, thus violating
IC 13-30-2-1(1).
20.
Pursuant to IC 13-30-2-1(3), a person may not
deposit any contaminants upon the land in a place and manner that creates or
would create a pollution hazard that violates or would violate a rule adopted
by one (1) of the boards.
IDEM’s investigation revealed that the Respondents
caused and/or allowed contaminants to be deposited on land located at the Site
and/or adjacent to the Site, in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3,
thus violating IC 13-30-2-1(3).
21.
Pursuant to IC 13-30-2-1(4), a person may not
deposit or cause or allow the deposit of any contaminants or solid waste upon
the land, except through the use of sanitary landfills, incineration,
composting, garbage, or another method acceptable to the solid waste management
board.
IDEM’s investigation revealed that the Respondents
caused and/or allowed contaminants and/or solid waste to be deposited upon land
located at the Site and/or adjacent to the Site, in violation of 329 IAC 10-4-2
and 329 IAC 10-4-3, thus violating IC 13-30-2-1(4).
22.
Pursuant to IC 13-30-2-1(5), a person may no
dump, cause or allow the open dumping of garbage or of any other solid waste in
violation of rules adopted by the solid waste management board.
IDEM’s investigation revealed that the Respondents
caused and/or allowed the open dumping of solid waste at the Site and/or on
property adjacent to the Site, in violation of 329 IAC 10-4-2 and 329 IAC
10-4-3, thus violating IC 13-30-2-1(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 to resolve the violations. 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. 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.
Please contact Ms. Brenda Lepter at 317/233-5971 within fifteen (15) days after
receipt of this Notice to discuss resolution of this matter.
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FOR THE COMMISSIONER: |
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Date: |
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Signed on |
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Linda Runkle |
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cc: LaPorte County
Health Department (w/enclosure)
Gregory P. Cafouros, Kroger Gardis
& Regas, LLP
Office of Legal Counsel (w/enclosure)
Ms. Nancy Johnston, Office of Enforcement (w/enclosure)
Mr. Mark Stanifer, Office of Enforcement
(w/enclosure)
Mr. Scott Ormsby, Office of Compliance (w/enclosure)
Mr. John Crawford, Office of Compliance (w/enclosure)
Mr. Mike Kuss, Office of Water Quality (w/enclosure)
Director, Northwest Regional Office (w/enclosure)
OLQ 1B2 File (w/enclosure)
http://www.in.gov/idem