To:    Alumitech of Wabash, Inc.            Alumitech of Wabash, Inc.
    109 Dimension Avenue            P. O. Box 810
    Wabash, Indiana 46992            Wabash, Indiana 46992

    A.    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. This violation is based on the fact that Alumitech allowed aluminum dross, salt cake, and baghouse dust to be deposited at the Site .

    B.    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. This violation is based on the fact that Alumitech allowed aluminum dross, salt cake, and baghouse dust to be deposited at the Site.

    C.    Pursuant to 329 IAC 10-7.1-3, which states a generator shall carry out a waste determination to determine the appropriate regulatory status of that waste and to determine other environmental concerns posed by any reasonably anticipated handling, transportation, storage, reuse, processing, or disposal of that waste. This violation is based on the fact that Alumitech did not make a proper waste determination and allowed aluminum dross, salt cake, and baghouse dust to be deposited at the Site .

    D.    Pursuant to 329 IAC 10-7.1-4(f), which states waste testing must comply with the applicable quality assurance and quality control procedures in SW-846, Chapter 1, "Quality Control". This violation is based on the fact that Alumitech failed to ensure their waste testing complied with SW-846, Chapter 1, "Quality Control".

    E.    Pursuant to 329 IAC 10-7.1-4(g), which states for the purposes of classifying a waste in accordance with 329 IAC 10-9, the statistical sampling methodology specified in Volume II, Chapter 9, "Sampling Plan" of SW-846 must be used to determine the upper confidence limit for each constituent concentration value. This violation is based on the fact that Alumitech failed to ensure that their waste testing complied with Volume II, Chapter 9, "Sampling Plan" of SW-846.

    F.    Pursuant to IC 13-30-2-1(3), which states a person may not deposit any contaminants upon the land in a place and manner that creates or would create a pollution hazard that violates or would violate a rule adopted by one (1) of the boards. This violation is based on the fact that Alumitech allowed aluminum dross, salt cake, and baghouse dust to be deposited at the Site .

    G.    Pursuant to IC 13-30-2-1(4), a person may not deposit or cause or allow the deposit of any contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage, or another method acceptable to the solid waste management board. This violation is based on the fact that Alumitech allowed aluminum dross, salt cake, and baghouse dust to be deposited at the Site .

    H.    Pursuant to IC 13-30-2-1(5), a person may not dump, cause or allow the open dumping of garbage or of any other solid waste in violation of rules adopted by the solid waste management board. This violation is based on the fact that Alumitech allowed aluminum dross, salt cake, and baghouse dust to be deposited at the Site .

    In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged violator in writing that a violation may exist and offer 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.
    
    Entering into an Agreed Order will prevent the issuance of a Notice and Order of the Commissioner under IC 13-30-3-4, or the filing of a civil court action under IC 13-14-2-6. IDEM encourages settlement by Agreed Order, thereby saving time and resources. Timely settlement by Agreed Order may result in a reduced civil penalty. Settlement discussions will also allow the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violation occurred.

    If settlement is not reached within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken 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 for each violation.

    To discuss this matter further, please contact Janet Arnold at 317/232-7201 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 for review and signature.

                            For the Commissioner:

Date:    _______________                Signed 3/24/00
                            Felicia A. Robinson
                            Assistant Commissioner
                            Office of Enforcement

cc:    Wabash County Health Department
    Wabash County G2A Public File
    http://www.state.in.us/idem

Converted by Andrew Scriven