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25-21 Resolution to Deny a Scrap Metal / Junk Dealers / Recycling Operations License for US Scrap and Recycling LLC
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25-21 Resolution to Deny a Scrap Metal / Junk Dealers / Recycling Operations License for US Scrap and Recycling LLC
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4/9/2025 9:04:13 AM
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Circle Avenue Properties[.(_C <br /> Case Vo,:2(J24-3O484-H <br /> South Bend.St.Joseph County <br /> Pave 4 of 4 <br /> (OMB Control number 2050-0039)on EPA Form 8700-22, and, if necessary, EPA Form <br /> 8700-22A. <br /> Pursuant to [C 13-30-2-1(12). a person may not cause or allow the transportation of <br /> hazardous waste without a manifest if a manifest is required by law. <br /> As noted during the inspection, Respondent, upon becoming a large quantity generator, <br /> offered hazardous waste for transportation without an EPA identification number. <br /> Specifically, Respondent shipped hazardous waste on December 6, 2023 [approx. 13,808 <br /> pounds, Manifest 018850854FLE] and January 22, 2024 [approx. 20,433 pounds. Manifest <br /> 018850665FLE] without using an U.S. EPA Identification Number(ID number) in Box 1 of <br /> the manifests. In addition, hazardous waste was shipped on January 23, 2024 [67 pounds, <br /> Manifest 024855002JJK and 11 pounds, Manifest 024858328JJK],without using an U.S. <br /> EPA Identification Number(ID number) in Box 1 of the manifests. <br /> In accordance with IC 13-30-3-3, the Commissioner herein provides notice that violations <br /> may exist and offers an opportunity to enter into an Agreed Order providing for the actions required <br /> to correct the violations and, as necessary and appropriate, for the payment of a civil penalty. The <br /> Commissioner is not required to extend this offer for more than sixty(60)days. <br /> As provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without <br /> admitting the violations occurred. IDEM encourages settlement by Agreed Order, thereby resulting <br /> in quicker correction of the environmental violations and avoidance of extensive litigation. Timely <br /> settlement by Agreed Order may result in a reduced civil penalty. Also, settlement discussions will <br /> allow Respondent the opportunity to present any mitigating factors that may be relevant to the <br /> violations. <br /> If an Agreed Order is not entered into within sixty (60) days of receipt of this Notice of <br /> Violation,the Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the <br /> actions that must be taken to correct the violations and requiring the payment of an appropriate civil <br /> penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to$25,000 per day <br /> for each violation. <br /> Please contact Linda McClure at(317)233-5954 or lmcelure(iiidem.IN.gov within fifteen <br /> (15) days of receipt of this Notice to discuss resolution of this matter. <br /> For the Commissioner: <br /> Date: January 13, 2025 joui. <br /> Lori Freeman, Chief <br /> Compliance Branch <br /> Office of Land Quality <br />
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