NOTICE
OF VIOLATION
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VIA CERTIFIED MAIL # |
VIA CERTIIFIED MAIL # |
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Mr. Tsuneaki Usui, President |
Mr. Yasunori Hagita, Registered Agent |
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Asahi Tec America Corporation |
Asahi Tec America Corporation |
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Case No. 2005-14803-H
Based on an investigation, the Indiana Department of
Environmental Management (IDEM) has reason to believe that Asahi Tec America
Corporation (Respondent) has violated an environmental statute. The violation is based on the following:
1.
Respondent owns and operates a company with U.S. EPA I.D.
number INR 000 104 356, located at
2.
Pursuant to IC 13-22-4-3.1(b), a hazardous waste small
quantity generator (SQG), i.e., a person that generates, in any one or more
calendar months of a calendar year:
a.
more than one hundred (100) kilograms but less than one
thousand (1,000) kilograms of hazardous waste;
b.
less than one (1) kilogram of acute hazardous waste; or
c.
less than one hundred (100) kilograms of material from the
cleanup spillage of acute hazardous waste; or
accumulates at least one thousand (1,000) kilograms
of hazardous waste or less than one (1) kilogram of acute hazardous waste
shall, before March 1 of each year, submit to the department on forms provided
by the department, a report that summarizes the person's hazardous waste
shipments during the previous calendar year (“annual manifest report”).
3.
Respondent notified the U.S. EPA and IDEM of SQG activities
on July 20, 2001. IDEM has no indication
that Respondent ceased SQG activities at the Site in 2004, and thus believes
that Respondent was required to submit a 2004 annual manifest report by March
1, 2005.
4.
A review of IDEM records pertaining to the Site revealed
that, as of August 17, 2005, Respondent had not submitted a 2004 annual
manifest report.
In accordance with IC 13-30-3-3, the Commissioner
herein provides notice that a violation may exist and offers an opportunity to
enter into an Agreed Order providing for the action required to correct the
violation 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 violation occurred. IDEM encourages settlement by Agreed Order,
thereby resulting in quicker correction of the environmental violation 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 violation.
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 violation 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. Lori Colpaert at 317-232-7202
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:______________ |
Signed October 19, 2005 |
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Matthew T. Klein |
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Assistant Commissioner
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Compliance &
Enforcement |
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cc: |
Wayne
County Health Department (w/enclosure) |
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Ms.
Hala Silvey, Office of Legal Counsel (w/enclosure) |
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Ms.
Lori colpaert, Office of Enforcement (w/enclosure) |
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Ms.
Michelle Weddle, Office of Land Quality (w/enclosure |
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OLQ
1B2 File (w/enclosure |
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http://www.in.gov/idem |