NOTICE OF VIOLATION
Via Certified Mail Via Certified Mail
_______________ _______________
To: Mr. Maurice Ingram To: Mr. Paul M. Moyer
Matlack, Inc. - Brite-Sol Cleaning Manager, Environmental Affairs
4727 South U.S. Highway 421 Brite-Sol Services, Inc.
Westville, Indiana 46391 One Rollins Plaza
P.O. Box 8789
Wilmington, Delaware 19899
Cause No. B-2439
Based on investigation by designated representatives of the Indiana Department of
Environmental Management (IDEM) on September 15, 1999, Matlack, Inc - Brite-Sol Cleaning ,
located at 4727 South U.S. Highway 421, Westville, Porter County, Indiana (the "Site"), which
operates under Industrial Wastewater Pretreatment permit INP 000005 (the "Permit"), is in
violation of the following environmental statutes, rules, and the Permit:
A.
Pursuant to 327 IAC 5-12-2, pollutants introduced into publicly owned treatment works
(POTWs) by any source of nondomestic wastewaters shall not pass through or interfere
with the operation or performance of the POTW.
In addition, pollutants which create a
fire or explosion hazard may not be introduced into the POTW.
B. Pursuant to 327 IAC 5-11-5, any violation of the pretreatment rules may be subject to
enforcement action by IDEM including revocation of the users' permit.
C. Pursuant to IC 13-30-2-1, no person may 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 form other sources, into the
environment or into any publicly owned treatment works in any form which causes or
would cause pollution which violates rules, standards, or discharge of emission
requirements adopted by the appropriate board pursuant to this article.
E. Pursuant to IC 13-18-11-11, it shall be unlawful for any person, firm or corporation, both
municipal and private, to operate a water or wastewater treatment plant or a water
distribution system unless the operator in responsible charge is duly certified to by the
commissioner under provisions of this chapter. Furthermore, it shall be unlawful for any
person to perform the duties of an operator in responsible charge of such works as defined
herein without being duly certified under the provisions of this chapter.
Pursuant to the Site's own monthly discharge monitoring reports for October 1998
through July 1999, the Site has violated the discharge limitations for COD on 128 occasions and
the discharge limitation for flash point on 10 occasions during the same time period.
On September 15, 1999, representatives from IDEM made a visit to the Site, which
substantiated what had been reported on the Site's monthly monitoring reports. There was a very
strong odor of resin in the Site's discharge manhole to the Town of Westville wastewater
treatment plant.
During the visit to the Site it was also discovered that, for at least the past three (3) years,
the Site has not been under the direct supervision of an operator certified by the Indiana
Department of Environmental Management as required by IC 13-18-11-11 and the Permit.
On September 17, 1999, the LaPorte Circuit Court issued a "Verified Complaint for
Temporary Restraining Order and Preliminary and Permanent Injunction". The Permit issued
to the Site establishes, among other things, a daily maximum discharge limitation of 1500 mg/l
for Chemical Oxygen Demand ("COD") and 150 degrees Fahrenheit for the "flash point", which
is a measure of the potential of the waste stream to create a fire or explosion hazard.
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 Steven Judith at 317-232-8409
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: October 19, 1999 __________________________
Felicia A. Robinson
Assistant Commissioner of Enforcement
cc: Jim Filippini, Chief, Compliance Unit 2
U.S. EPA, Region 5, Water Section
Carol Staniec, Pretreatment Enforcement Manager
U.S. EPA, Region 5, Water Section
Bart S. Frank, Utility Superintendent
Town of Westville
LaPorte County Health Department
Converted by Andrew Scriven