Mr. Rick Leser
    Scepter Industries, Inc.
    RR #1 box 551
    Bicknell, Indiana 47512-9712

    Pursuant to 329 IAC 10-13-4(c), "The permittee shall construct and operate a solid waste land disposal facility in accordance with the permit. The owner, operator, and permittee are equally responsible for complying with the conditions of the permit, the regulations and the statutes." The violation is based on the fact that during the above noted inspections, this facility was found to be lacking adequate daily cover over the solid waste at the Site as required by the facility permit, and has failed to resample the restricted waste as required by the facility permit.

    Pursuant to 329 IAC 10-28-11(b), "Cover must be applied and maintained at restricted waste sites Type I and Type II and non-municipal solid waste landfills in accordance

with the applicable requirements of this rule and 329 IAC 10-30-2 or 329 IAC 10-30-3. Other provisions for cover may be approved by the commissioner if it can be demonstrated that an alternate cover or site design will provide an adequate level of environmental protection." This violation is based on the fact that during the above noted inspections, this facility was found to be inadequately applying and maintaining daily cover of solid waste at the Site.

    Pursuant to 329 IAC 10-28-12(a), "Restricted waste site Type I and non-municipal solid waste landfills must complete the following:
        (1) Limit the size of the working face to an area that can be covered daily.
        (2) Apply and compact no less than six (6) inches of cover over all exposed solid waste:
            (A) by the end of each operating day, regardless of weather conditions;
            (B) in the case of a facility that is open continuously, at least once in every twenty four (24) hour period; or
            (C) as specified in the permit.
        (3) Apply and compact intermediate cover of not less than one (1) foot over any
        point in the fill that has not received solid waste for ninety (90) days or more." This violation is based on the fact that during the above noted inspections, this facility was found to be inadequately applying and maintaining daily cover at the Site.

    Pursuant to the Facility Permit #42-07, Permit Condition E4, "Resampling of the waste shall be conducted as specified in 329 IAC 2-9-3(d)(3):    
        a.    At two year intervals, or
        b.     Whenever there is a change in the process or materials involved in the production of the restricted waste disposed at the facility."
    This violation is based on the fact that during the above noted inspections, this facility has not properly resampled and submitted a waste characterization for waste disposed of at the Site.
    
    Pursuant to the Facility Permit #42-07, Permit Condition E24, "All solid waste must be covered by the end of each operating day. The cover must by applied regardless of weather conditions. The thickness of soil cover shall not be less than six (6) inches." This violation is based on the fact that during the above noted inspections, this facility was found to be inadequately applying and maintaining daily cover of the solid waste at the Site.
    
    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 Jennifer Fajt at (317)233-3831 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:

                            signed on October 29, 1999
Date:    _______________                _________________________
                            Felicia A. Robinson
                            Assistant Commissioner
                            Office of Enforcement
cc:    Knox County Health Department
    Office of Legal Counsel
    Jennifer Fajt, Office of Enforcement
    George DeLancey, Office of Land Quality
    Southwest Regional Office
    Scepter Industries, Inc. 2B2 Public File
    http://www.state.in.us/idem

Converted by Andrew Scriven