NOTICE OF VIOLATION

 

 

Via Certified Mail# _______________

To: Edward Imel, President &

Registered Agent for:

Decatur Salvage, Inc.

Box 133

U. S. Highway 27 North

Decatur, IN 46733

Case No. 2000-9740-S

Based on investigations by designated representatives of the Indiana Department of Environmental Management (IDEM) and the Indiana Department of Natural Resources (IDNR) on April 3, and June 13, 2000, Decatur Salvage, Inc., Box 133, U. S. Highway 27 North, Decatur, Adams County, Indiana ("Site"), is in violation of the following environmental statutes and rules:

    1. 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 during the above noted inspections, Decatur Salvage, Inc., caused or allowed the open dumping of solid waste at the site.
    2. 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 during the above noted inspections, Decatur Salvage, Inc., caused or allowed the open dumping of solid waste at the site.

      3.  

       

    3. Pursuant to 329 IAC 10-8.1-1(a)(1), and (2), no person may process, dispose, cause, or allow to be processed or disposed, special waste except as provided by 329 IAC 10-5, 329 IAC 10-7.1, 329 IAC 10-9, and 329 IAC 11. This violation is based on the fact that during the above noted inspections, it was determined that Decatur Salvage, Inc., accepted special waste at the Site for the purpose of processing or disposal.
    4. Pursuant to 329 IAC 12-5-1(a), no person shall operate a waste tire storage site, except as provided for in this rule, after February 21, 1994. This violation is based on the fact that Decatur Salvage, Inc., is operating an unregistered waste tire storage site, in violation of the rule.
    5. Pursuant to 329 IAC 10-7.1-3(a), 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 Decatur Salvage, Inc., did not perform a waste determination on foundry sand, fifty-five gallon drums of waste, shredder fluff, scrap computers, industrial baghouse waste, containers marked "hazardous waste" and the contents of an 8,000 gallon polyester resin tank.

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 Craig Henry at (317) 233-1136 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 January 8, 2001

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement

 

cc: Adams County Health Department

Adams County G2A Public File

Enforcement File

Adams County Solid Waste Management District

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