NOTICE OF VIOLATION

 

Lu Tao, President

Jain Chu, Registered Agent

East-Terra Plastics Hardware Supply LLC

East-Terra Plastics Hardware Supply LLC

725 W 21st St

8363 Misty Drive

Connersville, IN 47331

Indianapolis, IN 46236

 

jaychu@east-terra.com

 

 

Fayette County Industrial Development

GBody Parts LLC

Corporation c/o GBody Parts LLC

Gilbert Brian Weaver, Member

800 West 18th Street

800 West 18th Street

Connersville, IN 47331

Connersville, IN 47331

 

bweavy@gbodyparts.com

 

 

Sandy Byrd-Weaver, Registered Agent

 

GBody Parts LLC

 

800 West 18th Street

 

Connersville, IN 47331

 

 

Case No. 2021-28041-S

 

Pursuant to Indiana Code (“IC”) 13-30-3-3, the Indiana Department of Environmental Management (“IDEM”) issues this Notice of Violation. Based on an investigation including an inspection conducted on July 19, 2021 by an IDEM representative, IDEM has reason to believe East-Terra Hardware Supply LLC d/b/a East-Terra Plastics, Fayette County Industrial Development Corporation, and GBody Parts LLC (“Respondents”) violated an environmental statute and environmental rules. The violations are based on the following:

 

1.            Respondents are East-Terra Hardware Supply LLC d/b/a East-Terra Plastics, Fayette County Industrial Development Corporation c/o GBody Parts LLC, and GBody Parts LLC (“Respondents”),  which own or operate the facility located at 725 W 21st St, Connersville, Fayette County, Indiana (“Site”).

 

2.            Pursuant to 329 IAC 10-4-2, no person shall cause or allow the storage, containment, processing, or disposal of solid waste in a manner which creates a threat to human health or the environment, including the creating of a fire hazard, vector attraction, air or water pollution, or other contamination.

 

As noted during the inspections, Respondents caused and/or allowed solid wastes, including infant car seats, infant car seat parts, pallets, cardboard, plastic barrels, and plastic buckets to be disposed at the Site in a manner which creates a threat to human health or the environment, including the creating of a fire hazard.

 

3.            Pursuant to IC 13-30-2-1(5), no person shall dump or cause or allow the open dumping of garbage or any other solid waste in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3.

 

As noted during the inspections, Respondents dumped or caused and/or allowed the open dumping of solid wastes, including infant car seats, infant car seat parts, pallets, cardboard, plastic barrels, and plastic buckets at the Site.

 

4.            Pursuant to 329 IAC 11-9-1, unless excluded in, any person who constructs or operates a solid waste processing facility as defined under 329 IAC 11-2-43 shall have a solid waste processing facility permit under this article.

 

As noted during the inspection, Respondent, East-Terra Hardware Supply LLC d/b/a East-Terra Plastics was operating a solid waste processing facility by grinding and recycling car seats at the Site.

 

5.         Pursuant to 329 IAC 10-4-4(a), the owner of real estate upon which an open dump is located is responsible for the following:

 

1)            Correcting and controlling any nuisance conditions that occur as a result of the open dump. Correction and control of nuisance conditions must include:

 

(A)         removal of all solid waste from the area of the open dump and disposal of such wastes in a solid waste disposal facility permitted to accept the waste; or

 

(B)         other methods as approved by the commissioner.

 

2)            Eliminating any threat to human health or the environment.

 

As noted during the investigation, Respondent, GBody Parts LLC, is the owner of real estate upon which an open dump is located and have not complied with 329 IAC 10-4-4(a).

 

Pursuant to IC 13-30-3-3, the Commissioner herein provides notice that the 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.

 

Pursuant to IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting 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 Respondents 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 Samantha Nunnery at (317) 234-7108 or snunnery@idem.IN.gov within fifteen (15) days of receipt of this Notice to discuss resolution of this matter.

 

 

For the Commissioner:

 

 

 

 

Date:  ____

Signed 11/15/2021

 

Bruce Kizer, Branch Chief

 

Compliance Branch

 

Office of Land Quality