NOTICE OF VIOLATION

 

VIA CERTIFIED MAIL#_______________

VIA CERTIFIED MAIL#_______________

 

 

Mr. Mark A. Angelson, CEO

CT Corporation System, Registered Agent

RR Donnelley & Sons Company

RR Donnelley & Sons Company

77 West Wacker Drive

251 East Ohio Street, Suite 1100

Chicago, Illinois 60601

Indianapolis, Indiana 46204

 

Case No. 2005-15203-H

 

Based on an investigation on June 23, 2005, the Indiana Department of Environmental Management (IDEM) has reason to believe that RR Donnelley & Sons Company (Respondent) has violated environmental rules.  The violations are based on the following:

 

1.                  Respondent owns and operates a company with U.S. EPA I.D. number IND 005 480 710, located at 2801 West Old Road 30 in Warsaw, Kosciusko County, Indiana (the "Site").

 

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 262.34(a)(4) referencing 40 CFR 265.31, facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste to the air, soil, or surface water, which could threaten human health or the environment.

As noted during the inspection, Respondent failed to properly manage F003/F005/D001 hazardous waste to minimize a release to the environment.

 

B.                 Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.192(a), a generator with a new tank system must have an integrity assessment certified by an independent, qualified, registered, professional engineer in accordance with 40 CFR 270.11(d) attesting that the system has sufficient structural integrity.

As noted during the inspection, Respondent did not provide the required integrity assessments for two (2) hazardous waste storage tanks.

 

C.                Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.192(d), all tanks and ancillary equipment must be tested for tightness before being covered, enclosed, or placed into use.

As noted during the inspection, Respondent did not test two (2) hazardous waste storage tanks.

 

D.                Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.194(c), the owner or operator of a tank system must comply with the requirements of 40 CFR 265.196 if any leak or spill occurs in the tank system.

As noted during the inspection, Respondent did not immediately stop the flow of hazardous waste into the tank system and remove the waste from secondary containment.

 

E.                 Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.195, a generator must inspect tank systems once each operating day.

As noted during the inspection, Respondent did not adequately conduct the required inspections.

 

In accordance with IC 13-30-3-3, the Commissioner herein provides notice that a 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. Lori Colpaert at 317-232-7202 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.

 

 

 

FOR THE COMMISSIONER:

 

 

 

 

 

 

Date:

 

Signed March 27, 2006

 

 

Matthew T. Klein

 

 

Assistant Commissioner for

 

 

Enforcement and Compliance

 

 

cc:

Kosciusko County Health Department (w/enclosure)

 

Ms. Nicole Sipe, Office of Legal Counsel (w/enclosure)

 

Ms. Lori Colpaert, Office of Enforcement (w/enclosure)

 

Mr. Mark Espich, Office of Land Quality (w/enclosure)

 

Northern Regional Office (w/enclosure)

 

OLQ 1B2 File (w/enclosure)

 

http://www.in.gov/idem