NOTICE OF VIOLATION

 

Via Certified Mail#

To: Reverend Edward A. Malloy, President

University of Notre Dame

400 Main Building

Notre Dame, Indiana 46556

Case No. 2001-10390-H

Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on January 12 and 19, 2001, University of Notre Dame, U.S. EPA ID number IND 048 994 727, located at Notre Dame, Indiana, 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 a hazardous waste determination on the spent spray booth filters, located in the paint shop.

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 off-site using an unauthorized waste transporter to a facility that had not received an EPA ID number.
    1. 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.

    2. Pursuant to 40 CFR 268.7(a)(3)(i), if a generator determines that a waste does not meet treatment standards, the generator must submit to the treatment, storage, or disposal facility a one-time notice and certification. This facility failed to provide the notice and certification.
    3. Pursuant to 40 CFR 262.34(b), a generator who accumulates hazardous waste for more than 90 days is an operator of a storage facility and is subject to the requirements of 40 CFR 264 and the permit requirements of 40 CFR 270. This facility became an operator of a storage facility when the facility stored hazardous waste for more than 90 days.

f. Pursuant to IC 13-30-2-1(10) and 40 CFR 270.10, no person shall commence or engage in the operation of a hazardous waste facility without having first obtained a permit from IDEM. This facility operated as a storage facility without having first obtained a permit.

g. Pursuant to 329 IAC 3.1-1-10, every hazardous waste generator, transporter, or owner or operator of a hazardous waste facility must notify the Commissioner of its hazardous waste activity on the approved forms. This facility failed to notify the Commissioner of storage activities.

h. Pursuant to 329 IAC 3.1-15-4, an owner or operator of a treatment, storage, or disposal facility must establish financial assurance for closure of the facility. This facility did not establish financial assurance for closure of the facility.

i. Pursuant to 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that the date when the accumulation begins is clearly marked and visible for inspection on each container. This facility did not label containers with accumulation start dates.

j. Pursuant to 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that containers are marked with the words "Hazardous Waste." This facility did not label containers with the words "Hazardous Waste."

k. Pursuant to 329 IAC 13-4-3(d), a generator must label all used oil containers and aboveground tanks with the words "Used Oil." This facility did not label used oil containers and a tank with the words "Used Oil."

l. Pursuant to 329 IAC 3.1-16-2(7) and 40 CFR 273.34, a large quantity handler of universal waste must label or mark the universal waste. This facility did not label containers of mercury bulbs.

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 Idelia Walker-Glover at 317-233-3830 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter.

For the Commissioner:

Signed September 11,2001

Date: _______________ _________________________

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

 

 

 

cc: St. Joseph County Health Department (w/enclosure)

Mike Byron, Office of Legal Counsel (w/enclosure)

Nancy Johnston, Office of Enforcement (w/enclosure)

Lisa Frost, Office of Land Quality (w/enclosure)

Roger Wilson, Office of Land Quality (w/enclosure)

Terry Coleman, Northern Regional Office (w/enclosure)

OLQ 1B2 File (w/enclosure)

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