NOTICE OF VIOLATION

 

Via Certified Mail #: _______________________________

 

 

To:

Terry Porter, President and Registered Agent

 

Country Auto Parts, Inc.

 

R.R. 3 Box 420

 

Spencer, IN 47460

 

Case No. 2005-14603-W

 

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

 

1.                  Respondent owns and operates an automobile salvage yard, located approximately three miles off State Route 43, south of Spencer, in Owen County, Indiana (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.  Respondent caused and/or allowed auto salvage solid waste to be disposed at the Site in a manner which creates a threat to human health or the environment, in violation of 329 IAC 10-4-2.

 

3.                  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 any form, in violation of 329 IAC 10-4-2, and IC 13-30-2-1(1).

 

4.                  Pursuant to 327 IAC 15-6-2(a)(5)(E), facilities involved in the recycling of materials, including metal scrap yards, battery reclaimers, salvage yards, and automobile junkyards, including those classified under SIC codes 5015 (motor vehicle parts, used) and 5093 (scrap and waste material), are subject to the requirements of 327 IAC 15-6.  The Respondent operates an automobile salvage yard at the Site that causes or would cause pollution that violates the rules, standards, or discharge or emission requirements adopted by the appropriate board under the environmental laws.  The Respondent discharged, emitted, caused, or allowed auto salvage solid waste, a contaminant, into the environment in a manner that violated 329 IAC10-4-2 and IC 13-30-2-1(1), also in violation of IC 13-30.

 

5.                  Pursuant to 327 IAC 15-6-7(c)(1)(B), Respondent is required, under its Storm Water Pollution Prevention Plan (SWP3), to minimize storm water exposure to pollutants by planning and implementing a preventative maintenance program that includes, but is not limited to, maintenance of storm water management measures, for example, catch basins or the cleaning of oil and water separators.  All maintenance must be documented and either contained in, or have the on-site record-keeping location referenced in the SWP3.

 

6.                  The Site was inspected by IDEM and the Indiana Department of Natural Resources (IDNR) on February 1, 2005.  The south sediment basin was observed to have failed, because the walls had collapsed, and the pond had accumulated sediments such that the design volume is no longer available for use.  The south basin was also observed to have two additional discharge points which were not part of the original design.  The east sediment pond was found to contain stored salvage automobiles, and also had accumulated sediments such that the design volume is no longer available for use.  During the inspection, IDNR observed additional conditions intrinsic to the Site such as land slope, deep ravines, poor soil conditions and eroding watershed, all of which impact sedimentation basin design and maintenance.  IDNR suggested that additional erosion control measures are needed at the Site to reduce sediment loading on the basins.  Respondent failed to minimize storm water exposure to pollutants by planning and implementing an effective preventative maintenance program, in violation of 327 IAC 15-6-7(c)(1)(B).

 

7.                  Pursuant to 327 IAC 15-6-10, a permit issued under this rule is valid for a period of five years from the date the commissioner receives an original Notice of Intent (NOI) letter.  To obtain renewal of coverage under this rule, the information required under 327 IAC 15-3 and Section 5 of this rule must be submitted to the commissioner 90 days prior to the expiration of coverage under this rule unless the commissioner determines that a later date is acceptable.  Coverage under renewal NOI letters will begin on the date of expiration from the previous five year permit.

 

8.                  Pursuant to 327 IAC 15-6-8.5, a permit compliance schedule requires the Respondent to submit annual reports and results of sampling data for each year of permit coverage.  Respondent is also required to re-submit a completed NOI letter 90 days before the permit expires.  Respondent is also required to submit a SWP3 certification checklist during the first year of renewal coverage, only if substantial changes have been made on site or to the plan since its inception.

 

9.                  Respondent submitted the original NOI letter to the commissioner in late 1999.  The original permit, number INR00C147, expired on December 1, 2004.  The re-submittal of a completed NOI letter was due on September 1, 2004.  Respondent has not re-submitted a completed NOI letter, in violation of 327 IAC 15-6-8.5.  Furthermore, the Site has changed substantially, but the Respondent has not submitted a SWP3 certification checklist, in violation of 327 IAC 15-6-10 and 327 IAC15-6-8.5.

 

10.             Respondent has not submitted annual reports, and has not submitted results from sampling data, for any prior year of permit coverage, in violation of 327 IAC15-6-8.5.

 

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 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 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 violation[s] 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 Dave Knox at (317) 233-5975 within 15 days after receipt of this Notice to discuss resolution of this matter. If you are willing to resolve this matter as provided for in the enclosed Agreed Order, please sign and return it to the Office of Enforcement at the above address within the sixty (60) day settlement period.

 

 

 

For the Commissioner:

 

 

 

 

 

 

Date:

_____________

Signed April 26, 2006_________

 

 

Matthew T. Klein

 

 

Assistant Commissioner for

 

 

Compliance & Enforcement

 

 

 

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Owen County SWCD