NOTICE OF VIOLATION

 

VIA CERTIFIED MAIL#

 

Frederick A. Schurger, Registered Agent

Silberline Manufacturing Co., Inc.

112 South 2nd Street

Decatur, Indiana 46733

 

VIA CERTIFIED MAIL#

 

Lisa Jane Scheller, President

Silberline Manufacturing Co., Inc.

130 Lincoln Drive

Tamaqua, PA 18252

 

Case No. 2014-22321-H

 

Based on an investigation, including an inspection conducted on March 25, 2014, the Indiana Department of Environmental Management (“IDEM”) has reason to believe that Silberline Manufacturing Co., Inc. (“Respondent”) has violated environmental statutes and rules.  The violations are based on the following:

 

1.         Respondent owns and/or operates a company with U.S. EPA I.D. Number IND 046 004 107 located at 2010 Guy Brown Drive, in Decatur, Adams County, Indiana (the "Site").

 

2.         329 Indiana Administrative Code (“IAC”) 3.1 incorporates certain federal hazardous waste management requirements found in 40 Code of Federal Regulations (“CFR”) Parts 260 through 270 and Part 273, including those identified below.

 

3.         Pursuant to 40 CFR 262.11, a person who generates a solid waste must determine if that waste is hazardous.

 

As noted during the inspection, Respondent did not make adequate hazardous waste determinations on the following wastestreams: one (1) 55-gallon drum of used lithium based grease located in the maintenance area; still bottoms collected in 55-gallon drums; and 138 55-gallon drums of high iron and/or high water aluminum paste located outdoors.

 

4.         Pursuant to 40 CFR 262.12(c), a generator must not offer its hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number.

 

As noted during the inspection, Respondent sent its waste Varsol, a D001 hazardous waste, on July 2, 2013 and February 14, 2014 to Environmental Recovery Corporation in Lancaster, Pennsylvania, a facility not permitted for treatment, storage, or disposal activities.

 

5.         Pursuant to 40 CFR 262.20, a generator who transports or offers for transportation hazardous waste for off-site treatment, storage, or disposal must prepare a manifest.  A generator must ensure that manifests are fully filled out and contain accurate information.  A generator must designate on the manifest one facility which is permitted to handle the waste described on the manifest.

 

As noted during the inspection, Respondent transported waste Varsol, a D001 hazardous waste, on July 2, 2013 for off-site treatment, storage, or disposal without preparing a hazardous waste manifest. Respondent did not include the proper waste code on hazardous waste manifest #006845295, dated February 14, 2014 for waste Varsol, a D001 hazardous waste.  Respondent incorrectly indicated its facility in Tamaqua, Pennsylvania as the designated permitted treatment, storage, or disposal facility on hazardous waste manifest #011444575, dated February 2, 2014.  Respondent did not list the designated permitted off-site treatment, storage, or disposal facility on hazardous waste manifest #000183754, dated March 4, 2014.

 

6.         Pursuant to IC 13-30-2-1(12), a person may not cause or allow the transportation of a hazardous waste without a manifest if a manifest is required by law.

 

As noted during the inspection, Respondent transported waste Varsol, a D001 hazardous waste, on July 2, 2013 for off-site treatment, storage, or disposal without preparing a manifest.

 

7.         Pursuant to 40 CFR 268.7(a), with the initial shipment of hazardous waste to each treatment, storage, or disposal facility, a generator must send a one-time written notice documenting the determination if the waste has to be treated before it can be land disposed to each facility receiving the waste, and place a copy in the generator’s file.

 

As noted during the inspection, Respondent transported waste Varsol, a D001hazardous waste, for off-site treatment, storage, or disposal without preparing a one-time Land Disposal Notification Form.

 

8.         Pursuant to 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that the date when the accumulation begins is clearly marked and visible for inspection on each container.

           

As noted during the inspection, Respondent accumulated hazardous waste on-site, without a permit, and did not mark a hazardous waste container of hazardous waste with the accumulation start date.

 

9.         Pursuant to 329 IAC 10-2-181, “storage” means the retention, containment, or accumulation of solid waste on a temporary basis in such a manner that it does not threaten or potentially threaten human health or impact or potentially impact the environment, for a period of more than twenty-four (24) hours, in such a manner as not to constitute disposal of the waste.  It must be a rebuttable presumption that storage of waste for more than six (6) months constitutes disposal.

 

As noted during the inspection, Respondent accumulated 138 55-gallon drums of high iron and/or high water aluminum paste located outdoors for nearly 2 1/2 years and did not rebut the presumption that storage of waste for more than six (6) months constitutes disposal.

 

10.       Pursuant to 329 IAC 10-4-3, open dumping and open dumps, as those terms are defined in IC 13-11-2-146 and IC 13-11-2-147, are prohibited.

 

As noted during the inspection, Respondent caused and/or allowed 138 55-gallon drums of high iron and/or high water aluminum paste to be open dumped at the Site.

 

11.       Pursuant to 40 CFR 265.190, owners and operators of facilities that use tank systems for storing or treating hazardous waste must comply with the requirements of this subpart.

 

As noted during the inspection, Respondent stored used Varsol in a 20,000-gallon tank labeled “Reclaim Varsol” without complying with 40 CFR Subpart J requirements.  The used Varsol stored inside this tank is periodically sent off-site as a D001 hazardous waste for fuel blending or fractional distillation.

 

            In accordance with IC 13-30-3-3, the Commissioner herein provides notice that violations may exist and offers an opportunity to enter into an Agreed Order providing for the actions required to correct the violations and, as necessary and appropriate, 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. Jennifer Reno at (317) 234-8243 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.

 

 

For the Commissioner:

 

 

 

 

Date:____________

Signed on 7/9/14

 

Bruce Kizer, Branch Chief

 

Compliance and Response Branch

 

Office of Land Quality