NOTICE OF VIOLATION

 

Via Certified Mail#:______________

Via Certified Mail#:______________

 

 

 

 

To:

James R. Bolch, President

 

CT Corporation System, Registered Agent

 

Exide Technologies, Inc.

 

Exide Technologies, Inc.

 

13000 Deerfield Pkwy, Bldg. 200

 

251 E. Ohio Street, Suite 1100

 

Milton, GA  30004

 

Indianapolis, IN  46204

 

Case No. 2013-21400-H

 

Based on an investigation including an inspection conducted on December 21, 2012 and a file review on February 1, 2013, the Indiana Department of Environmental Management (“IDEM”) has reason to believe that Exide Technologies, Inc. (“Respondent”) has violated environmental statutes and rules.  The violations are based on the following:

 

1.         Respondent owns and operates a facility with EPA I.D. No. IND 000717959, located at 2601 W. Mount Pleasant Blvd. in Muncie, Delaware County, Indiana (the "Site").

 

2.         Respondent has a Resource Conservation and Recovery Act (“RCRA”) permit for container storage and for a containment building.  Respondent also notified of large quantity generator hazardous waste activities on February 26, 2008.

 

3.         Respondent is a secondary lead smelter.

 

4.         Pursuant to IC 13-30-2-1(1), no person shall 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 from other sources, into the environment in any form that causes or would cause pollution that violates or would violate 329 IAC 10-4-2.

 

As noted during the investigation, Respondent allowed contaminants and/or wastes from an unknown source(s) to be released into the environment along the south side of the Site in violation of 329 IAC 10-4-2.  Brown-colored water has been observed along the south side of Storage Area D and the rail spur, and stressed/dead vegetation has been observed in several areas down-slope from and along the rail-spur to the ditch along the south side of the property on several occasions.  The ditch leads to a storm water outfall at the southwest corner of the property.  Based upon IDEM’s request for a waste determination following its June 2012 inspection, sample results from soil and water samples collected by Respondent on June 6, 2012 from the area indicate elevated levels of lead and sodium, as well as elevated pH, in the area.  Soil sample results showed lead at 945 mg/kg on a dry basis and sodium at 5490 mg/kg on a dry basis.  The pH result was 8.91.  Water sample results showed sodium at 3780 mg/L and the pH was 9.86.

 

5.         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 inspection, Respondent caused and/or allowed solid waste from an unknown source(s) to be disposed at the Site in a manner which creates a threat to human health or the environment.  Brown-colored water has been observed along the south side of Storage Area D and the rail spur, and stressed/dead vegetation has been observed in several areas down-slope from and along the rail-spur to the ditch along the south side of the property on several occasions.  Based upon IDEM’s request for a waste determination following its June 2012 inspection, sample results from soil and water samples collected by Respondent on June 6, 2012 from the area indicate that the disposal of solid waste caused elevated levels of lead and sodium, as well as elevated pH, in the area.  Soil sample results showed lead at 945 mg/kg on a dry basis and sodium at 5490 mg/kg on a dry basis.  The pH result was 8.91.  Water sample results showed sodium at 3780 mg/L and the pH was 9.86.

 

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. Brenda Lepter at 317/233-5971 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.

 

 

For the Commissioner:

 

 

Date:__________________

Signed on 2/18/2013

 

Bruce Kizer, Branch Chief

 

Compliance and Response Branch

 

Office of Land Quality

 

 

cc:

Delaware County Health Department

 

Ms. Theresa Pichtel, OLQ

 

Ms. Ruth Jean, OLQ

 

Mr. Doug Griffin, OLQ

 

OLQ Public File

 

http://www.in.gov/idem/enforcement/