NOTICE OF VIOLATION
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Via Certified
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Via Certified
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To: |
David M. Cote, President |
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Corporation Service Company, Registered Agent for |
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Case No. 2005-14638-H
Based on an investigation March 9 and 10,
2005, the Indiana Department of Environmental Management (IDEM) has reason to
believe that Honeywell International, Inc. (Respondent) has violated an environmental
statute and rules. The violations are
based on the following:
1.
Respondent owns and operates a facility,
Honeywell Aircraft Landing Systems, with U.S. EPA I.D. number IND 088736103,
located at
2.
329 IAC 3.1 incorporates certain federal
hazardous waste management requirements found in 40 CFR Parts 260 through 273,
including those identified below.
A.
Pursuant to 40 CFR 270.1(c), RCRA requires a
permit for the treatment, storage and disposal of any hazardous waste as
identified or listed in 40 CFR Part 261.
As noted during the inspection, Respondent stored hazardous waste identified or
listed in 40 CFR Part 261 without a permit.
Approximately 770-800 gallons of D002/D007 hazardous waste were stored
in Tank T-7 for greater than ninety (90) days without a permit. The tank is located in Plant 11/WWTP Area.
B.
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 the department.
As noted during the inspection, Respondent operated a hazardous waste facility
without having first obtained a permit from the department.
C.
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 its hazardous waste activity on the approved
forms.
As noted during the inspection, Respondent failed to notify the Commissioner of
hazardous waste storage activities.
D.
Pursuant to 40 CFR 262.34(b), a generator who
accumulates hazardous waste for more than ninety (90) days is an operator of a
storage facility and is subject to the requirements of 40 CFR Part 264 and the
permit requirements of 40 CFR Part 270.
As noted during the inspection, Respondent stored D002/D007 hazardous waste
on-site in Tank T-7 for greater than ninety (90) days without complying with 40
CFR Part 264 and 40 CFR Part 270.
E.
Pursuant to 40 CFR 262.34(a)(1)(ii) referencing
40 CFR 265, Subpart J, a generator that stores or treats hazardous waste in a
tank must comply with all applicable requirements of 40 CFR 265, Subpart J, for
that tank.
As noted during the inspection, Respondent failed to comply with the applicable
requirements of 40 CFR 265, Subpart J, for the 14,000-gallon T-7 hazardous
waste storage tank, which was used to store D002/D007 waste.
F.
Pursuant to 40 CFR 262.34(a)(3), a generator may
accumulate hazardous waste on-site for ninety (90) days or less without a permit,
provided that containers and tanks are marked with the words "Hazardous
Waste."
As noted during the inspection, Respondent did not label five (5) 275-gallon
totes containing D002/D007 waste, located at the Anodizing Line, and one (1)
14,000-gallon tank (T-7) containing D002/D007 waste, located in Plant 11/WWTP
Area, with the words "Hazardous Waste."
Respondent labeled the totes at the time of the inspection.
G.
Pursuant to 40 CFR 262.34(c)(1)(ii), a generator
may accumulate as much as fifty-five (55) gallons of hazardous waste at or near
the point of generation without a permit and without complying with 40 CFR
262.34(a), provided that the containers are marked with either the words
"Hazardous Waste" or with other words describing the contents.
As noted during the inspection, Respondent did not properly label four (4)
satellite accumulation containers. Three
(3) of the containers were located in the Paint Booth Area and one (1) was
located in Plant 21.
Respondent corrected these violations at the time of the inspection.
H.
Pursuant to 40 CFR 262.34(c)(1)(i) referencing 40 CFR 265.173(a), a container holding
hazardous waste must always be closed during storage, unless necessary to add
or remove waste.
As noted during the inspection, Respondent did not store two (2) satellite
accumulation containers located in the Paint Booth Area closed.
Respondent corrected these violations at the time of the inspection.
I.
Pursuant to 40 CFR 262.34(a)(4)
referencing 40 CFR 265.52, a facility’s contingency plan must include certain
information.
As noted during the inspection, Respondent's contingency plan did not include
all of the required information. The
plan did not include a list of all emergency equipment at the facility and did
not list the location of the equipment, a physical description of the
equipment, and a brief outline of the equipment’s capabilities.
J.
Pursuant to 40 CFR 262.34(a)(4)
referencing 40 CFR 265.55, at all times there must be at least one employee
either at the facility or on call with responsibility for coordinating
emergency response measures.
As noted during the inspection, Respondent did not have a designated emergency
coordinator. The listed coordinator was
no longer employed at the site.
K.
Pursuant to 40 CFR 262.34(a)(4) referencing 40
CFR 265.16(d), a facility must maintain records at the facility documenting
that personnel performing hazardous waste duties have had training that teaches
them to perform their duties in compliance with the hazardous waste management
rules.
As noted during the inspection, Respondent did not have training records for
two (2) contractors performing hazardous waste duties at the facility.
L.
Pursuant to 329 IAC
As noted during the inspection, Respondent did not label four (4) 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. 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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Matthew T. Klein |
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Assistant Commissioner for |
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Enforcement & Compliance |
cc: St. Joseph County Health Department
(w/enclosure)
Office of Legal Counsel (w/enclosure)
Ms. Nancy Johnston, Office of Enforcement (w/enclosure)
Mr. Scott Ormsby, Office of Land Quality
(w/enclosure)
Director, Northern Regional Office (w/enclosure)
OLQ 1B2 File (w/enclosure)
http://www.in.gov/idem