NOTICE
OF VIOLATION
VIA CERTIFIED MAIL# ___________________
Richard Bush
Micromatic Holding, LLC
Berne, Indiana
46711
Case No. 2006-15727-H
Based
on an investigation, the Indiana Department of Environmental Management
(“IDEM”) has reason to believe that Micromatic Holding, LLC (“Respondent”) has
violated an environmental statute. The
violation is based on the following:
1.
Respondent operates a facility with U.S. EPA I.D. number
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 most recently notified the U.S. EPA and IDEM of
SQG activities at the Site on December 3, 2005.
IDEM has no indication that Respondent ceased SQG activities at the Site
in 2005, and thus believes that Respondent was required to submit a 2005 annual
manifest report by March 1, 2006.
4.
A review of IDEM records pertaining to the Site revealed
that, as of May 12, 2006, Respondent had not submitted a 2005 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. 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 July 3, 2006 |
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Matthew
T. Klein |
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Assistant
Commissioner for |
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Compliance
& Enforcement |
cc: Adams County Health Department
(w/enclosure)
Ms. Nancy Johnston, Office of Enforcement
(w/enclosure)
Ms. Michelle Weddle, Office of Land Quality
(w/enclosure)
OLQ 1B2 File (w/enclosure)
http://www.in.gov/idem