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NOTICE OF VIOLATION

Via Certified Mail#

To:    Robert Bottoms, President        Thomas E. Dixon
    DePauw University            Registered Agent
    313 South Locust Street        313 South Locust Street
    Greencastle, Indiana 46135        Greencastle, Indiana 46135

Cause No. 2000-9053-H

Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on January 25 and February 10, 2000, DePauw University, U.S. EPA ID number IND 984 896 969, located at 801 South Jackson Street, Greencastle was in violation of the following environmental statutes and rules:

Article 3.1 of Title 329 incorporates many of the federal hazardous waste management standards found in 40 CFR 260 through 40 CFR 273.

1.    Pursuant to 40 CFR 262.11, a person who generates a solid waste must determine if that waste is hazardous. This facility did not make proper hazardous waste determinations on various waste streams.

2.    Pursuant to 329 IAC 329 3.1-7-3(a), 329 IAC 3.1-7-4, and IC 13-30-2-1(12), a generator who transports or offers for transportation, hazardous waste for off-site treatment, storage, or disposal, must prepare a manifest. Th facility sent hazardous waste off-site on a non-hazardous waste manifest.    

3.    Pursuant to 40 CFR 262.34(c)(1)(i) referencing 40 CFR 265.173(a), a container holding hazardous waste must always be closed during storage, unless necessary to add or remove waste. This facility did not store a hazardous waste container closed.

4.    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. This facility did not label containers with accumulation start dates.

5.    Pursuant to 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that the containers are marked with the words "Hazardous Waste." This facility did not label containers with the words "Hazardous Waste."

6.    Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.51, a generator must have a contingency plan. This facility did not have a contingency plan.

7.    Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(a), (b), & (c), facility personnel must complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in compliance with the hazardous waste management rules. Employees must be trained within six months after their date of hire and must take part in an annual review of the initial training. This facility did not provide employees with adequate annual training.

8.    Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(d)(1-4), certain hazardous waste training related documents and records must be maintained on- site. This facility did not maintain all of the required information on-site.

9.    Pursuant to 329 IAC 3.1-7-14, a generator who ships hazardous waste off-site or treats, stores, recovers, or disposes of hazardous waste must prepare and submit a Biennial Report by March 1 of each even numbered year. This facility did not submit a Biennial Report for 1999.

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.

    Please contact Jennifer Reno at (317) 233-6336 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter. If you are willing to resolve this matter as provided for in the enclosed Agreed Order, please sign and return it to the Office of Enforcement at the above address within the sixty (60) day settlement period.

For the Commissioner:

Date:    _______________            __Signed on 6/16/00___
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement

cc:    James Daughtery (w/enclosure)
    Dave Roberts (w/enclosure)
    Putnam County Health Department (w/enclosure)
Office of Legal Counsel (w/enclosure)
Jennifer Reno, Office of Enforcement (w/enclosure)
Roger Wilson, Office of Land Quality (w/enclosure)
LaKenya Johnson, Director of Community Relations (w/enclosure)
OLQ, 1B2 File (w/enclosure)
http://www.state.in.us/idem

Converted by Andrew Scriven