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VIA CERTIFIED MAIL # __________________

NOTICE OF VIOLATION

To:    ARC Disposal and Recycling
    2101 South Busse Road
    Mt. Prospect, Illinois 60056

    Cause No. SW-350

    The Indiana Department of Environmental Management (IDEM) has reviewed one hundred sixty-six (166) municipal waste transfer manifests, which reveal that ARC Disposal and Recycling has engaged in municipal waste transfer activities in Indiana between the dates of October 6, 1997 and October 17, 1997. These activities relate to the shipment of municipal waste from ARC Disposal and Recycling (a transfer station) to Newton County Development Corp.(an Indiana disposal facility). The above mentioned manifests do not contain an acknowledgement number. IDEM has also reviewed its disclosure statement files, which reveal that ARC Disposal and Recycling has not submitted a disclosure statement. Based upon the reviews, ARC Disposal and Recycling has been found in violation of Indiana Code (IC) 13-20-6-2 and IC 13-20-4-7(c)(5). Every shipment of municipal waste, as evidenced by a manifest, constitutes a separate violation of these statutory provisions.

IC 13-20-6-2 states:
    (a) Before an operator engages in municipal waste transfer activities, the operator and each responsible party must submit a disclosure statement to the department that:
        (1) meets the requirements set forth in subsection (b); and
        (2) is executed under subsection (c).
     (b) The disclosure statement required under this section must set forth the following information:
        (1) The name, business address, and Social Security number or federal taxpayer

identification number of the operator or responsible party.
        (2) A description of the operator's or responsible party's experience in the collection, transportation and disposal of municipal waste.
        (3) A description of all civil and administrative complaints against the operator or responsible party for the violation of a state or federal environmental protection law that:
            (A) have resulted in a fine or civil penalty of more than ten thousand dollars ($10,000) within five (5) years before the date of the submission of the disclosure document; or
            (B) allege an act or omission that:
                  (i) constitutes a material violation of the state or federal environmental protection law; and
                 (ii) presented a substantial endangerment to the public health or the environment;
        within (5) years before the date of the submission of the disclosure document.
        (4) A description of all pending criminal complaints alleging the violation of a state or federal environmental protection law that have been filed against the operator or responsible party within five (5) years before the date of the submission of the disclosure statement.
        (5) A description of all judgments of criminal conviction entered against the operator
         or responsible party within (5) years before the date of submission of the disclosure statement for the violation of a state or federal environmental protection law.
        (6) A description of all judgments of criminal conviction of a felony constituting a crime of moral turpitude under the laws of a state or the United States that are entered against the operator or responsible party within five (5) years before the date of submission of the disclosure statement.
        (7) A description of federal, state, and local environmental permits, including      identification numbers, that the operator or responsible party holds.
    (c) A disclosure statement submitted under subsection (a) must be:
        (1) executed under oath or affirmation; and
        (2) subject to the penalty for perjury under IC 35-44-2-1.
    (d) The department may investigate and verify the information set forth in a statement required under this section.
    (e) Before December 31 of each year, an operator or a responsible party who has submitted a disclosure statement under this section must submit to the department a statement that:
        (1) describes changes that have:
            (A) occurred since the filing of the disclosure statement; and
            (B) made the information contained in the disclosure statement no longer current; or
        (2) indicates that no changes described in subdivision (1) have occurred.
ARC Disposal and Recycling has not submitted a disclosure statement to IDEM. Therefore, ARC Disposal and Recycling is in violation of IC 13-20-6-2.


IC 13-20-6-5 states:
    When an operator or responsible party submits an initial disclosure statement or an annual update of a disclosure statement to the department under this chapter, the department shall send a letter to the operator or responsible party that:
        (1) acknowledges the receipt of the disclosure statement; and
        (2) contains an acknowledgment number issued to the operator by the department.

IC 13-20-4-7(c)(5) states:
    A manifest required under subsection (b) must include the following information: If the municipal waste is transported from a transfer station that receives municipal waste, the identity of and acknowledgment number issued by the department under IC 13-20-6-5 or IC 13-7-10.5-14( before its repeal) to the following:
        (A) The transporter of the municipal waste.
        (B) The transfer station from which the municipal waste is transported.
        (C) A broker involved in the transportation of the municipal waste.
Manifests reviewed by IDEM did not include an acknowledgment number for ARC Disposal and Recycling. Therefore, ARC Disposal and Recycling has violated IC 13-20-4-7(c)(5).
    In accordance with IC 13-30-3-3, the Commissioner is required to notify you in writing that the Commissioner believes a violation exists and offer you 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.

    If settlement is not reached within sixty (60) days of your receipt of this Notice, the Commissioner may issue an Order pursuant to IC 13-30-3-4 containing the actions you must take 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 of any violation.

    The timely entry into an Agreed Order will prevent the necessity of an Order of the Commissioner being issued under IC 13-30-3-4, or the filing of a civil court action under IC 13-14-10 or IC 13-14-2-6. The advantages of entering into an Agreed Order are:

    1.    You may not be required to admit that any violation occurred.

    2.    The civil penalty may be less than that imposed under the Order of the Commissioner.

    Please contact Mr. Paul Higginbotham at (317)233-5973 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 1/28/98
                            David J. Hensel
                            Director
                            Office of Enforcement


Converted by Andrew Scriven