VIA CERTIFIED MAIL # ____________________
NOTICE OF VIOLATION
To: Waste Management of Indiana, L.L.C. CT Corp, Resident Agent
d/b/a Twin Bridges RDF (Danville Landfill) One North Capitol Avenue
1209 Orange Street Indianapolis, Indiana 46204
Wilmington, Delaware 19801
Waste Management of Indiana, L.L.C.
d/b/a Twin Bridges RDF (Danville Landfill)
P.O. Box 17
123 Twin Bridges Road
Danville, Indiana 46122
Cause No. SW-314
Designated representatives of the Indiana Department of Environmental Management (IDEM) conducted investigations of disposal records for special waste certification #40542 at the Twin Bridges RDF (Danville Landfill) located 1/4 mile NW of the intersection of CR 150 E and CR 75 S, Danville, Hendricks County, Indiana ("the Site").
You were found in violation of 329 IAC 10-8-1, which requires that Ano person may process, dispose, cause, or allow to be processed or disposed, special waste except as provided in this rule, 329 IAC 10-5, 329 IAC 10-7, and 329 IAC 10-9.@ This violation is based on the fact that during these investigations it was observed that you accepted special wastes without proper certification.
You were found in violation of 329 IAC 10-20-29(a), which requires that Athe owner, operator, or permittee of a municipal solid waste landfill shall check each load of special waste with: (1) the disposal notification; (2) the special waste certification; and (3) where applicable, the site specific approvals.@ This violation is based on the fact that during these investigations it was observed that you accepted special wastes without proper certification.
You were found in violation of 329 IAC 10-20-29(b), which requires that the Aowner, operator, or permittee of a municipal solid waste landfill shall: (1) accept special waste only in accordance with 329 IAC 10-8; and (2) shall follow all conditions set forth in the special waste certifications.@ This violation is based on the fact that during these investigations it was observed that you accepted special wastes without proper certification.
In accordance with IC 13-30-3-3, the Commissioner is required to notify you in writing that the Commissioner believes a violation exists and offer you an opportunity to enter into an Agreed Order providing for the actions 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.
If settlement is not reached within sixty (60) days of your receipt of this Notice, the Commissioner may issue an Order pursuant to IC 13-30-3-4, containing the actions you must take to achieve compliance, the required time frames, and an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day of any violation.
The timely entry into an Agreed Order will prevent the necessity of an Order of the Commissioner being issued under IC 13-30-3-4, or the filing of a civil court action under IC 13-14-10 or IC 13-14-2-6. Advantages of entering into an Agreed Order are:
1. You may not be required to admit that any violation occurred.
2. The civil penalty may be less than that imposed under an Order of the Commissioner.
To discuss this matter further, please contact Lori Colpaert at 317/232-7202 within fifteen (15) days after receipt of this Notice to request a conference. If settlement is reached, an Agreed Order will be prepared and sent to you for review and signature.
FOR THE COMMISSIONER:
February 3, 1998
Date:________________ _________________________
Patrick Carroll
Director
Office of Enforcement
cc: Hendricks County Health Department
File 2B2
bcc: Jennifer Thompson, Office of Legal Counsel
Lori Colpaert, Case Manager
Rick Roudebush, Inspector
Kim Whittington, Special Waste
Jeff Sewell, Permit Manager
Hendricks County Solid Waste Management District
Media Copy