NOTICE OF VIOLATION
Via Certified Mail #
To: Thomas A. Commes C.T. Coporation System
President Registered Agent for:
Sherwin Williams Company Sherwin Williams Company 101 Prospect Avenue N.W. 36 South Pennsylvania Street, Suite 700
Cleveland, Ohio 44115 Indianapolis, Indiana 46204
Case No. 2000-9844-H
Based on an investigation by a designated representative of the Indiana Department of Environmental Management (IDEM) on September 1, 2000, the Sherwin Williams Company, U.S. EPA ID number IND 046 395 877, 3433 North Clinton Street, Fort Wayne, 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.
a. 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 hazardous waste determinations on rags contaminated with toluene.
b. Pursuant to 40 CFR 262.12(c), a generator must not offer hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number. This facility sent hazardous waste to a disposal facility that does not have an EPA ID number, and offered the waste to a facility not authorized to transport hazardous waste.
c. Pursuant to 329 IAC 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. This facility sent hazardous waste off-site without a manifest.
d. Pursuant to 40 CFR 268.7(a), a generator must determine if a hazardous waste is restricted from land disposal and if the waste has to be treated before being land disposed. This facility did not determine if the hazardous waste rags were restricted from land disposal.
e. Pursuant to 40 CFR 262.34(c)(1)(ii), a generator may accumulate as much as 55 gallons of hazardous waste at or near the point of generation without a permit and without complying with 40 CFR 262.34(a), provided that the containers are marked with either the words "Hazardous Waste" or with other words describing the contents. This facility did not properly label satellite accumulation containers.
f. Pursuant to 40 CFR 262.34(d)(2) 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 one satellite accumulation container closed.
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. Aubrey N. Sherif at 317-233-5970 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 February 9, 2001
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
cc: Allen County Health Department (w/enclosure)
Michael Byron, Office of Legal Counsel (w/enclosure)
Nancy L. Johnston, Office of Enforcement (w/enclosure)
OLQ 1B2 File (w/enclosure)
http://www.state.in.us/idem