NOTICE OF VIOLATION

Joe Bartle, Landfill Manager

New Paris Pike Landfill, City of Richmond Sanitary District

5242 New Paris Pike Road

Richmond, IN 47374

Case No. 2013-22048-A

Based on a review of the Annual Compliance Certification received by on , the Indiana Department of Environmental Management (“IDEM”) has reason to believe that New Paris Pike Landfill, City of Richmond Sanitary District (“Respondent”) has violated an environmental rule. The violation is based on the following:

1. Respondent operates a landfill with Plant I.D. No. 177-00106 located at 5242 New Paris Pike Road in Richmond, Wayne County, Indiana (the Site”).

2. Pursuant to 40 CFR 60.756(c) NSPS subpart WWW, Respondent using an open flare shall install, calibrate, maintain, and operate a device that records flow to or bypass of the flare. The gas flow rate measuring device shall record the flow to the control device at least every 15 minutes.

Respondent failed to operate the strip chart method of data collection for gas flow rate on the open flare on the following dates, in violation of 40 CFR 60.756(c) NSPS subpart WWW.

1/23/2012 to 1/30/2012, 4/2/2012 to 4/9/2012, 6/18/2012 to 6/19/2012, 8/30/2012 to 9/3/2012, and 12/24/2012 to 12/26/2012.

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 actions required to correct the violation and for the payment of a civil penalty for the violation. The Commissioner is not required to extend this offer for more than sixty (60) days. An Agreed Order for your consideration is attached. As noted on the attached Agreed Order, it is a qualified offer of settlement of this matter and, therefore, is inadmissible pursuant to Indiana’s Rules of Evidence.

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 to quickly correct environmental violations and to avoid litigation.

If the Agreed Order is not entered into within sixty (60) days of receipt of this Notice of Violation, the Commissioner may proceed with additional enforcement action requiring compliance with 40 CFR 60.756(c) NSPS subpart WWW and seek additional monetary penalties in accordance with IDEM’s Civil Penalty Policy (ID No. Enforcement 99-0002-NPD). Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day for each violation.

Please contact Larry Howard of my staff at (317) 233-6869 or by e-mail at lhoward@IDEM.IN.gov if you have any questions.

	For the Commissioner:
Date:	Signed January 10, 2014
	Craig Henry, Chief Compliance and Enforcement Section 3 Office of Air Quality

cc: Wayne County Health Department

Larry Howard, OAQ, Compliance and Enforcement Branch

http://www.IN.gov/idem