NOTICE OF VIOLATION
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Via Certified Mail #: |
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Via Certified Mail #: |
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To: |
Mr. James L. Zore,
President Zore Reclamation Services,
LLC d/b/a Zore’s Body Shop and
Wrecker |
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Ms. Jonalyn Zore Swinford,
Registered Agent Zore Reclamation Services,
LLC d/b/a Zore’s Body Shop and
Wrecker |
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Case No. 2007-16899-H
Based on investigations on
January 19 and May 3, 2007, the Indiana Department of Environmental Management
(“IDEM”) has reason to believe that Zore Reclamation Services, LLC d/b/a Zore’s
Body Shop and Wrecker (“Respondent”) has violated environmental statutes and
rules. The violations are based on the
following:
1. Respondent
owns and operates a company with U.S. EPA I.D. number
2. Pursuant
to 329 IAC 10-4-2, no person shall cause or allow the storage, containment,
processing, or disposal of solid waste in a manner which creates a threat to
human health or the environment, including the creating of a fire hazard,
vector attraction, air or water pollution, or other contamination.
As noted during the May 3, 2007 inspection, Respondent caused and/or allowed
automotive fluids, oil, and fuel to be disposed at the Site in a manner which
creates a threat to human health or the environment.
3. Pursuant
to 329 IAC 10-4-3, open dumping and open dumps, as those terms are defined in
IC 13-11-2-146 and IC 13-11-2-147, are prohibited.
As noted during the May 3, 2007 inspection, Respondent caused and/or allowed
automotive fluids, oil, and fuel, solid wastes, to be open dumped at the Site.
4. Pursuant
to IC 13-30-2-1(3), no person shall deposit any contaminants upon the land in a
place or manner that creates or would create a pollution hazard that violates
or would violate 329 IAC 10-4-2 and 329 IAC 10-4-3.
As noted during the May 3, 2007 inspection, Respondent deposited automotive
fluids, oil, and fuel, contaminants, at the Site in violation of 329 IAC 10-4-2
and 329 IAC 10-4-3.
6. Pursuant
to IC 13-30-2-1(4), no person shall deposit or cause or allow the deposit of
contaminants or solid waste upon the land, except through the use of sanitary
landfills, incineration, composting, garbage grinding, or another method
acceptable to the solid waste management board.
As noted during the May 3, 2007 inspection, Respondent caused and/or allowed
automotive fluids, oil, and fuel, contaminants or solid waste, to be deposited
at the Site in a method unacceptable to the solid waste management board.
7. Pursuant
to IC 13-30-2-1(5), no person shall dump or cause or allow the open dumping of
garbage or any other solid waste in violation of 329 IAC 10-4-2 and 329 IAC
10-4-3.
As noted during the May 3, 2007 inspection, Respondent caused and/or allowed
automotive fluid, oil, and fuel, solid wastes, to be open dumped at the Site.
8. Pursuant
to IC 13-30-2-1(1), no person shall discharge, emit, cause, or allow any
contaminant or waste, including any noxious odor, either alone or in
combination with contaminants from other sources, into the environment in
violation of 329 IAC 10-4-2 and 329 IAC 10-4-3.
As
noted during the May 3, 2007 inspection, Respondent allowed waste automotive
fluid, oil, and fuel, to be released into the environment in many areas
throughout the facility.
9. Pursuant
to 327 IAC 15, a person who has a point source discharge of storm water
associated with industrial activity and meets the general and applicability
requirements of 327 IAC 15-2-2(a)(1), 15-2-3, and 15-6-2, must comply with,
among other things, the requirements of 327 IAC 15-2-5, 15-6-5, 15-6-7,
15-6-7.3, and 15-6-7.5.
As noted during the January 19 and May 3, 2007 inspections, point source
discharges of storm water associated with industrial activity have occurred at
the Site, and Respondent’s industrial activity meets the general and
applicability requirements of 327 IAC 15-2-2(a)(1), 15-2-3, and 15-6-2, but
Respondent had not complied with the requirements of 327 IAC 15-2-5, 15-6-5, 15-6-7, 15-6-7.3, and
15-6-7.5.
10. Pursuant
to 327 IAC 15-2-5, any person responsible for the operation of a facility from
which a point source discharge of pollutants and/or storm water occurs must
submit a Notice of Intent (NOI) letter to the commissioner that complies with
this section, 327 IAC 15-3, and the additional requirements in any applicable
general permit rule.
As
noted during the January 19 and May 3, 2007 inspections, Respondent failed to
submit an NOI letter to the commissioner.
11. Pursuant
to 327 IAC 15-6-2(a)(5)(E), the requirements of this rule apply to all
facilities involved in the recycling of materials, including metal scrap yards,
battery reclaimers, salvage yards, and automobile junkyards, including those
classified under the following SIC codes:
(i) 5015 (motor vehicle parts, used), and
(ii) 5093 (scrap and waste materials).
As
noted during the January 19 and May 3, 2007 inspections, Respondent failed to
comply with the requirements of 327 IAC 15-6, including, but not limited to,
the following:
(a) Failure
to submit additional information with the NOI letter as required by 327 IAC
15-6-5.
(b) Failure
to develop, implement, update, and maintain a Storm Water Pollution Prevention
Plan as required by 327 IAC 15-6-7.
(c) Failure
to monitor as required by 327 IAC 15-6-7.3.
(d) Failure
to submit an annual report to the commissioner as required by 327 IAC 15-6-7.5.
12. Pursuant
to 329 IAC 13-4-3(d), generators must label all used oil containers and aboveground
tanks with the words “Used Oil.
As
noted during the January 19 and May 3, 2007 inspections, Respondent did not
label used oil containers and totes with the words “Used Oil.”
In accordance with IC
13-30-3-3, the Commissioner herein provides notice that violations may exist
and offers an opportunity to enter into an Agreed Order providing for the
actions required to correct the violations and, as necessary and appropriate,
for the payment of a civil penalty. The
Commissioner is not required to extend this offer for more than sixty (60)
days.
As provided in IC 13-30-3-3,
an alleged violator may enter into an Agreed Order without admitting that the
violations occurred. IDEM encourages
settlement by Agreed Order, thereby resulting in quicker correction of the
environmental violations and avoidance of extensive litigation. Timely settlement by Agreed Order may result
in a reduced civil penalty. Also,
settlement discussions will allow the opportunity to present any mitigating
factors that may be relevant to the violations.
If an Agreed Order is not
entered into within sixty (60) days of receipt of this Notice of Violation, the
Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the
actions that must be taken to correct the violations and requiring the payment
of 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 233-5970 within fifteen (15) days after receipt of this Notice to
discuss resolution of this matter.
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FOR THE COMMISSIONER: |
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Date: |
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Signed July 16, 2007 |
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Lori Kyle Endris |
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Chief |
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Office of Enforcement |
cc: Marion County Health Department (w/enclosure)
Nancy
Johnston, Office of Enforcement (w/enclosure)
Gary
Romesser, Office of Land Quality (w/enclosure)
OLQ
1B2 File (w/enclosure)
http://www.in.gov/idem