NOTICE
OF VIOLATION
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Michael
Slubowski, President |
C
T Corporation System, Registered Agent |
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Trinity
Health Corporation |
Trinity
Health Corporation |
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20555
Victor Parkway |
334
North Senate Avenue |
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Livonia,
MI 48152 |
Indianapolis,
IN 46204 |
Case No.
2025-31261-H
Pursuant to
Indiana Code (“IC”) 13-30-3-3, the Indiana Department of Environmental
Management (“IDEM”) issues this Notice of Violation. Based on an investigation
including an inspection and a record review conducted on June 26, 2025 by an IDEM representative, IDEM has reason to believe Trinity
Health Corporation (“Respondent”) violated
environmental statutes and rules. The violations are
based on the following:
1.
Respondent is Trinity Health Corporation, which
operates the facility with EPA ID No. INR000152793, located at 12301 Bluffton
Road, in Fort Wayne, Allen County, Indiana (“Site”).
2.
329 Indiana Administrative Code (“IAC”) 3.1
incorporates certain federal hazardous waste management requirements found in
40 Code of Federal Regulations (“CFR”) Parts 260 through 270 and Part 273,
including those identified below.
3. Pursuant to 40 CFR 262.11, a
person who generates a solid waste must determine if that waste is a hazardous
waste at the point of waste generation, before any dilution, mixing, or other
alteration of the waste occurs, and at any time in the course of its management
that it has, or may have, changed its properties as a result of exposure to the
environment or other factors that may change the properties of the waste such
that the RCRA classification of the waste may change.
As noted during the inspection,
Respondent failed to make hazardous waste determinations on various medical
supplies that were damaged or arrived due to shipping discrepancies.
4.
Pursuant to 40 CFR 262.13, a generator must determine its generator
category. A generator’s category is based on the amount of hazardous waste
generated each month and may change from month to month.
As noted during the
inspection, Respondent was notified as a very small quantity generator (“VSQG”);
however in 2021 and 2023 the facility generated small quantity generator
(“SQG”) amounts of hazardous waste. The hazardous waste was still on-site at
the time of the inspection.
5. Pursuant to 40 CFR 262.16(a) and (b), a
generator who generates greater than 100 kilograms but less than 1000 kilograms
of non-acute hazardous waste in a calendar month and who accumulates hazardous
waste on site for more than 180 days is an operator of a storage facility and
is subject to the requirements of 40 CFR Part 264 and the permit requirements
of 40 CFR Part 270 unless granted an extension to the 180 day period.
As noted during the inspection,
Respondent stored hazardous waste on-site for greater than 180 days without
complying with 40 CFR Part 264 and 40 CFR Part 270. Numerous hazardous wastes from
damaged products had been stored at the east end of the warehouse since 2019.
Additionally, in 2021 and 2023, Respondent operated as a small quantity
generator.
6. Pursuant to 40 CFR 270.1(c), a permit is
required for the treatment, storage and disposal of any hazardous waste as
identified or listed in 40 CFR Part 261.
As noted during the inspection,
Respondent stored hazardous waste identified or listed in 40 CFR Part 261
without a permit.
7. Pursuant to IC 13-30-2-1(10), a person may not commence or engage in the operation of a
hazardous waste facility without having first obtained a permit from the
department.
As noted during the inspection,
Respondent operated a hazardous waste facility without having first obtained a
permit from the department.
8. Pursuant
to 329 IAC 3.1-1-10, every hazardous waste generator, transporter, or owner or
operator of a hazardous waste facility shall notify the commissioner of its
hazardous waste activity on the approved forms.
As noted during the inspection,
Respondent failed to notify the Commissioner of hazardous waste storage
activities.
9. Pursuant to 40 CFR 262.16(b)(2)(iv), at
least weekly, the small quantity generator must inspect central accumulation
areas. The small quantity generator must look for leaking containers and for
deterioration of containers caused by corrosion or other factors.
As noted during the inspection,
Respondent failed to conduct weekly inspections of the <180-day storage
area.
10. Pursuant to 40 CFR 262.16(b)(6)(i)(A), a
small quantity generator may accumulate hazardous waste on-site for 180 days or
less without a permit, provided that, while being accumulated on-site, each
container is labeled or marked clearly with the words “Hazardous Waste.”
As noted during the inspection,
Respondent accumulated hazardous waste on-site, without a permit, and failed to
mark hazardous waste containers with the words “Hazardous Waste.”
11. Pursuant to 40 CFR 262.16(b)(6)(i)(B), a
small quantity generator may accumulate hazardous waste on-site for 180 days or
less without a permit, provided that, while being accumulated on-site, each
container is labeled or marked with an indication of the hazards of the
contents.
As noted during the inspection,
Respondent accumulated hazardous waste on-site, without a permit, and failed to
clearly mark hazardous waste containers with an indication of the hazards of
the contents.
12. Pursuant to 40 CFR 262.16(b)(6)(i)(C), a
small quantity generator may accumulate hazardous waste on-site for 180 days or
less without a permit, provided that the date when the accumulation begins is
clearly marked and visible for inspection on each container.
As noted during the inspection,
Respondent accumulated hazardous waste on-site, without a permit, and failed to
clearly mark hazardous waste containers with accumulation start dates.
13. Pursuant to 40 CFR 262.16(b)(9)(ii), the
small quantity generator must post the following information next to the
telephone: (1) the name and phone number of the emergency coordinator; (2)
location of fire extinguishers and spill control material and, if present, fire
alarm; (3) the telephone number of the fire department, unless the facility has
a direct alarm.
As noted during the inspection,
Respondent failed to post the required information next to the telephone or in areas
directly involved in the generation and accumulation of hazardous waste.
14. Pursuant to 40 CFR 262.16(b)(9)(iii), a small
quantity generator must ensure that all employees are thoroughly familiar with
proper waste handling and emergency procedures, relevant to their
responsibilities during normal facility operations and emergencies.
As noted during the inspection, Respondent
failed to ensure that all employees are thoroughly familiar with proper waste
handling.
In accordance
with IC 13-30-3-3, the Commissioner herein provides notice that the 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 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 Respondents 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 Christina Halloran at (317)
233-5546 or [email protected] within
fifteen (15) days of receipt of this Notice to discuss resolution of this
matter.
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For
the Commissioner: |
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Date:__Signed June 4,
2026___________ |
______________________ |
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Lori
Freeman, Chief |
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Compliance
Branch |
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Office
of Land Quality |