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Circle Avenue Properties 1.f_C <br /> C'a4e No,:2024-30-1S4-H <br /> South Bend.St.Joseph County <br /> Page 3of4 <br /> Pursuant to 329 LAC 3.1-1-10, every hazardous waste generator, transporter. or owner or <br /> operator of a hazardous waste facility shall notify the commissioner of activities subject to <br /> this article on forms provided by the commissioner unless the activity is exempt from the <br /> notification requirements for hazardous waste generated in compliance with 329 LAC 3.1-7 <br /> • by a very small quantity generator. <br /> As noted during the inspection, Respondent failed to determine its generator category and <br /> failed to notify the commissioner of hazardous waste activities. Specifically, in December <br /> 2023 and January 2024, the facility shipped large quantity generator volumes of waste. <br /> 6. Pursuant to 40 CFR 262.41(a), a generator who is a large quantity generator for at least one <br /> month of an odd-numbered year(reporting year) who ships any hazardous waste off-site to a <br /> treatment, storage or disposal facility within the United States must complete and submit <br /> EPA Form 8700-13 A/B to the Regional Administrator by March 1 of the following even- <br /> numbered year and must cover generator activities during the previous year. <br /> Pursuant to IC 13-22-4-3.1(c), a person that: <br /> (1) in any one(1) or more calendar months of a calendar year generates: <br /> (A) more than one thousand (1,000) kilograms of hazardous waste: <br /> (B) at least one(1)kilogram of acute hazardous waste: or <br /> (C) at least one hundred(100) kilograms of material from the cleanup spillage of <br /> acute hazardous waste; <br /> (2) accumulates at least six thousand(6,000) kilograms of hazardous waste or at least one <br /> (1) kilogram of acute hazardous waste; or <br /> (3) is a treatment, storage.or disposal facility: <br /> shall,before March 1 of each year, submit to the department either the biennial report <br /> required by the United States Environmental Protection Agency concerning the <br /> person's waste activities during the previous calendar year, or an annual report on <br /> forms provided by the department, containing no more than a compilation of <br /> information from the Uniform Hazardous Waste Manifest form described in section <br /> 1(a) of this chapter, that summarizes the person's hazardous waste shipments during <br /> the previous calendar year. <br /> As noted during the inspection, Respondent, as a large quantity generator in 2023, did not <br /> submit a biennial report by March 1 of 2024. <br /> 7. Pursuant to 40 CFR 268.7(a)(8), generators must retain on-site a copy of all notices, <br /> certifications, waste analysis data, and other documentation produced pursuant to this section <br /> • for at least three years from the date that the waste that is the subject of such documentation <br /> was last sent to on-site or off-site treatment, storage, or disposal. <br /> As noted during the inspection, Respondent did not have copies of the land disposal <br /> restriction notifications for wastes shipped to EQ Detroit available for review. <br /> 8. Pursuant to 329 IAC 3.1-1-13, the commissioner shall require the use of identification <br /> numbers issued by the United States. Environmental Protection Agency (U.S. EPA). <br /> Pursuant to 40 CFR 262.20(a)(I), a generator that transports, or offers for transport a <br /> hazardous waste for offsite treatment, storage, or disposal, or a treatment, storage, or disposal <br /> facility that offers for transport a rejected hazardous waste load, must prepare a Manifest <br />