NOTICE
OF VIOLATION
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Via Certified Mail # |
Via Certified Mail # |
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Mr. Lawrence Stevenson, President |
The Prentice-Hall Corporation System, Inc., |
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The Pep Boys – Manny, Moe & Jack |
Registered Agent |
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The Pep Boys – Manny, Moe & Jack |
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Case No. 2005-14931-H
Based on an investigation, the Indiana Department of
Environmental Management (IDEM) has reason to believe that The Pep Boys –
Manny, Moe & Jack (Respondent) has violated an environmental statute. The violation is based on the following:
1.
Respondent owns and operates a facility with U.S. EPA I.D.
number INR 000 110 130, 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
at the Site on November 5, 2003. 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 October 13, 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: |
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Signed 11/4/05 |
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Matthew
T. Klein |
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Assistant
Commissioner for |
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Compliance
and Enforcement |
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cc: |
Ms.
Angela Banks, The Pep Boys – Manny, Moe & Jack |
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Hendricks
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 |
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