Article 3.1 of Title 329 incorporates many of the federal hazardous waste management standards found in 40 CFR 260 through 40 CFR 273.
         
    a.    Pursuant to 40 CFR 262.11 and/or 40 CFR 264.13, a person who generates a solid waste must determine if that waste is hazardous and/or before an owner or operator treats, stores, or disposes of any hazardous wastes, he must obtain a detailed chemical and physical analysis of a representative sample of the wastes. This facility failed to make hazardous waste determinations and/or failed to obtain a detailed chemical and physical analysis of hazardous wastes stored at the facility.
    
         b.    Pursuant to IC 13-30-2-1(10) and 40 CFR 270.1(c), no person shall commence or engage in the operation of a hazardous waste facility without having first obtained a permit from IDEM. This facility operated as a storage facility without having first obtained a permit.

         c.    Pursuant to 329 IAC 3.1-1-10, every hazardous waste generator, transporter, or owner or operator of a hazardous waste facility, must notify the Commissioner of

its hazardous waste activity on the approved forms. This facility failed to notify the Commissioner of storage activities.

    d.    Pursuant to 40 CFR 262.34(b), a generator who accumulates hazardous waste for more than 90 days is an operator of a storage facility and is subject to the requirements of 40 CFR Part 264 and the permit requirements of 40 CFR Part 270. This facility stored hazardous waste on-site for greater than 90 days without complying with 40 CFR 264 and 40 CFR 270.
    
    e.    Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.171 and/or 40 CFR 264.171, if a container holding hazardous waste is not in good condition, or if it begins to leak, the generator and/or owner or operator must transfer the hazardous waste from this container to a container that is in good condition or manage the waste in some other way that complies with the requirements. This facility failed to store hazardous waste in containers that were in good condition.

    f.    Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.174 and/or 40 CFR 264.174, a generator and/or owner or operator must conduct weekly inspections of container storage areas. This facility failed to conduct weekly inspections of container storage areas.

    g.    Pursuant to IC 13-30-2-1(1), no person shall discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources, into the environment. This facility allowed and/or threatened to allow contaminants into the environment.

    h.    Pursuant to 40 CFR 262.34(a)(2&3) and/or 40 CFR 268.50(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 and each container or tank is marked with the words "Hazardous Waste." The storage of hazardous wastes restricted from land disposal is prohibited unless each container is clearly marked to identify its contents and the date each period of accumulation begins and each tank is marked with the same, unless the information for each tank is recorded and maintained in the operating record at the facility. This facility failed to mark containers of hazardous waste to identify their contents and the date each period of accumulation began.

    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 Ms. Brenda Lepter at 317/233-5971 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:

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

cc:    
    Elkhart County Health Department (w/enclosure)
    Office of Legal Counsel (w/enclosure)
    Ms. Nancy Johnston, Office of Enforcement (w/enclosure)
    Ms. Theresa Pichtel, Office of Land Quality (w/enclosure)
    Mr. Mike Sickels, Office of Land Quality (w/enclosure)
    Ms. Liz Molly, Office of Land Quality (w/enclosure)
    Mr. Terry Coleman, Northern Regional Office (w/enclosure)
    Mr. Scott Pryde, Hoskins Mfg. (w/enclosure)
    OLQ 1B2 File (w/enclosure)
    http://www.state.in.us/idem

Converted by Andrew Scriven