NOTICE OF VIOLATION

Via Certified Mail#

To: Ms. Tita LaGrimas John M. Newell, Registered Agent for

Pollution Control Industries, Inc. Pollution Control Industries, Inc.

4343 Kennedy Avenue 4343 Kennedy Avenue

East Chicago, IN 46312 East Chicago, IN 46312

Case No. 2000-9723-H

Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on August 3, 2000, Pollution Control Industries, Inc., U.S. EPA ID number IND 000 646 943, located at 4343 Kennedy Avenue, East Chicago, was in violation of the following environmental rules, and permit:

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 262.34(a)(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 several roll-off containers closed.

  1. Pursuant to Permit Condition II. A., the Permittee shall maintain and operate the facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste to the air, soil, or surface water, which could threaten human health or the environment. This facility failed to properly manage a hazardous waste container to minimize a release to the environment.
  2. Pursuant to Permit Condition III. E.2.a, the Permittee must place incoming containerized wastes in permitted units within seventy-two (72) hours of entering the facility boundary. This facility failed to move incoming waste into the permitted storage area within 72 hours.
  3. Pursuant to Permit Condition III. E.1, Attachment D, the Permittee shall store containers holding free liquids only in designated areas. This facility stored containers of free liquids outside of the designated areas.

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    Notice of Violation 2000-9723-H

    Pollution Control Industries, Inc.

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  4. Pursuant to Permit Condition I. H.6, the Permittee must maintain an operating record at the facility as required by 329 IAC 3.1-9, 40 CFR 264.73, and this permit. This facility could not produce a complete operating record documenting the movement of all drums.

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 Richard R. Milton at 317/232-4463 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: 1/3/01

Date: _______________ _________________________

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement

 

Notice of Violation 2000-9723-H

Pollution Control Industries, Inc.

Page #3

 

cc: Lake County Health Department (w/enclosure)

Michael Byron, Office of Legal Counsel (w/enclosure)

Nancy Johnston, Office of Enforcement (w/enclosure)

Scott Ormsby, Office of Land Quality (w/enclosure)

Adriane Esparza, Northwest Regional Office (w/enclosure)

OLQ 1B2 File (w/enclosure)

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