NOTICE OF VIOLATION

 

Via Certified Mail#

To: Robert W. Feddeler, President

R&M Enterprises d.b.a. Feddeler Landfill

18501 Clark Road

Lowell, IN 46356

Case No. 2000-9610-S

Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on May 14, 1999, July 19, 2000, August 28, 2000, and September 1, 2000, R&M Enterprises, owner of Feddeler Landfill, Permit #45-08, located at 18505 Clark Road, Lowell, Lake County, Indiana (the "Site"), is in violation of the following environmental statutes, rules, and permit:

    1. Pursuant to 329 IAC 10-14-1(c), a quarterly tonnage report of solid waste received at the solid waste land disposal facility must be submitted to the commissioner by the owner, operator, or permittee of that facility unless the owner, operator, or permitted has ceased accepting solid waste for a period of at least one (1) calendar quarter and has sent written notification indicating the initiation of final closure. This violation is based on the fact that the quarterly tonnage reports have not been submitted in a timely manner.

    2. Pursuant to 329 IAC 10-36-4(c), windblown materials and litter must be collected and buried daily. Windblown materials must be controlled by effective means so that they do not constitute or contribute to a nuisance. This violation is based on

      3. the fact that on the August 28, 2000, and September 1, 2000, inspection dates, windblown litter was observed at the Site.

    3. Pursuant to Facility Permit #45-08, Permit Condition A17, windblown litter shall be collected daily. This violation is based on the fact that on the August 28, 2000, and September 1, 2000, inspection dates, windblown litter was observed at the Site.
    4. Pursuant to 329 IAC 10-36-10, a construction/demolition site must not deposit solid waste in standing or ponded water except for that water resulting from precipitation directly upon the working face. This violation is based on the fact that on the August 28, 2000, and September 1, 2000, inspection dates, waste was found in standing water.
    5. Pursuant to Facility Permit #45-08, Permit Condition A13, solid waste shall not be deposited in standing or ponded water, except for water resulting from precipitation directly upon the working face. This violation is based on the fact that on the August 28, 2000, and September 1, 2000, inspection dates, waste was found in standing water.
    6. Pursuant to 329 IAC 10-36-14(a), cover material applied as required in sections 11 through 13 of this rule and 329 IAC 10-37 must be continuously maintained, including application and compaction of additional cover as needed to maintain required depth. This violation is based on the fact that on the July 19, 2000, August 28, 2000, and September 1, 2000, inspection dates, cover was not being maintained and was inadequate on areas of the Site.
    7. Pursuant to 329 IAC 10-36-14(b), a grass or ground cover crop must be established and maintained continuously as soon as weather permits and seasonal conditions are suitable on any portion of the construction/demolition site that has received final cover except where other provisions for land use have been approved by the commissioner. This violation is based on the fact that on the July 19, 2000, August 28, 2000, and September 1, 2000, inspection dates, vegetation was inadequate on areas of the Site.
    8. Pursuant to 329 IAC 10-36-15(a) and (b), any leachate on the surface of a construction/demolition site must be immediately managed or controlled to prevent off-site migration. Any surface movement of leachate past a point of fifty (50) feet outside of the solid waste boundary is prohibited except as specified in the facility permit. This violation is based on the fact that on the August 28, 2000, and September 1, 2000, inspection dates, leachate leaks were observed migrating off-site.
    9. Pursuant to Facility Permit #45-08, Permit Condition A9, any leachate seeps on the surface of the site shall be immediately managed to prevent off-site migration. Any surface movement of leachate past a point of fifty (50) feet outside of the approved solid waste boundaries is prohibited. This violation is based on the fact that on the August 28, 2000, and September 1, 2000, inspection dates, leachate

      10. leaks were observed migrating off-site.

    10. Pursuant to 329 IAC 10-36-17 (a), prior to accepting a shipment of municipal waste from a transfer station located inside or outside of Indiana, a construction/demolition site must receive a copy of a manifest and must review the manifest to determine whether the items listed under 329 IAC 11-15-3 are included on the manifest. This violation is based on the fact that during the May 14, 1999 inspection, you failed to provide manifest records for the construction/demolition waste which was generated by Ravenswood Disposal Service, a transfer station, located in Illinois.
    11. Pursuant to 329 IAC 10-36-17 (b), a construction/demolition site must not knowingly accept a shipment of municipal waste from a transfer station located inside or outside of Indiana if: (1) the municipal waste is not accompanied by a manifest that contains the information required under 329 IAC 11-15-3. This violation is based on the fact that during the May 14, 1999 inspection, you failed to provide manifest records for the construction/demolition waste which was generated by Ravenswood Disposal Service, a transfer station, located in Illinois.
    12. Pursuant to 329 IAC 10-39-2(a), a permittee shall establish financial responsibility for closure of the solid waste land disposal facility. This violation is based on the fact you do not have financial responsibility for the Site.
    13. Pursuant to 329 IAC 10-39-3 (a)(2)(B), the permittee shall establish financial responsibility for post-closure care of the solid waste land disposal facility. This violation is based on the fact that you do not have financial responsibility for the Site.
    14. Pursuant to 329 IAC 11-21-3, all transfer stations, other than those excluded under 329 IAC 11-2-47, that haul or ship municipal waste to an Indiana solid waste management facility must hold a valid permit under this article if located in Indiana. This violation is based on the fact that transfer station activities have occurred at the Site without a valid permit.
    15. Pursuant to the Facility Permit # 45-08, Permit Condition D6, the permitte shall submit, along with ground water quality results, a ground water flow direction map and/or potentiometric contour map of the aquifer(s) being monitored at the site to OLQ (formerly OSHWM) on a semiannual basis. This violation is based on the fact that groundwater flow direction maps and/or potentiometric contour maps were not submitted to IDEM for June 1998, June 1999, and December 1999.
    16. Pursuant to the Facility Permit #45-08, Permit Condition D10, all ground water monitoring wells which constitute the facility’s permanent ground water monitoring well system shall have water quality samples taken and tested individually on a semiannual basis during June and December. Sampling shall be conducted during each of these months and the water quality results shall be submitted to OLQ (formerly OSHWM) within sixty (60) days of sampling. This violation is based on the fact that groundwater monitoring did not occur and groundwater quality results were not submitted to IDEM for June 1998, June 1999, and December 1999.

    17. Pursuant to the Facility Permit #45-08, Permit Condition D11, ground water monitoring shall be conducted throughout the active life and the post-closure care period of the facility. This violation is based on the fact that groundwater monitoring did not occur and groundwater monitoring quality results were not submitted to IDEM for June 1998, June 1999, and December 1999.
    18. Pursuant to IC 13-20-21-8, solid waste annual operation fees begin accruing January 1 of each year and are due not more than thirty (30) days after the date the fees are assessed or on the date the installment is due. This violation is based on the fact that the annual operation fees for the Site have not been paid for the year 2000.
    19. Pursuant to IC 13-20-21-9, solid waste disposal fees must be paid by all solid waste disposal facilities, including construction/demolition disposal facilities. This violation is based on the fact that the solid waste disposal fees for the years 1999 and 2000 have not been paid by the due date of March 15, 2000.
    20. Pursuant to IC 13-30-2-1(1), a person may not discharge, emit, cause, allow, or threaten to discharge, emit, cause or allow any contaminant or waste into the environment in any form that causes or would cause pollution that violates or would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under the environmental management laws. This violation is based on the fact that a contaminant was allowed to be discharged into the environment.

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 Jennifer Andres at (317)233-3831 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:

Signed on October 26, 2000

Date: _______________ _________________________

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement

 

 

 

 

 

 

 

cc: Lake County Health Department

Permit # 45-08 Public File

Enforcement File

http://www.state.in.us/idem

Lake County Solid Waste District