Mike DeWine, Governor

Jon Husted, Lt. Governor

Laurie A. Stevenson, Director

July 22, 2022

TRANSMITTED ELECTRONICALLY

Mr. Scott Schumann RE: I. Schumann & Co.

Chairman and CEO Notice of Violation (NOV)
I. Schumann & Company NOV
22500 Alexander Rd. RCRA C - Hazardous Waste
Bedford, OH 44146 Cuyahoga County
OHD004199204

Hazardous Waste Program - DERR

Subject: CEI Notice of Violation / Partial Resolution of Violation

Dear Mr. Schumann:

Thank you and Mr. Josh Mauk for speaking with me and Alex Johnson on May 31, 2022,
and accompanying me and Alex Johnson during the Ohio Environmental Protection
Agency (Ohio EPA’s) June 3, 2022, Compliance Evaluation Inspection (CEI) of I.
Schumann & Company (I. Schumann) located at 22500 Alexander Road in Bedford, Ohio.
The goal of this inspection was to determine I. Schumann’s compliance with Ohio’s
hazardous waste laws as found in Chapter 3734. of the Ohio Revised Code (ORC) and
the rules adopted pursuant to ORC § 3734.12 found in Chapter 3745 of the Ohio
Administrative Code (OAC). The inspection included a review of I. Schumann’s
operations and written documentation associated with facility operations.

Findings

Ohio EPA observed the following violations of Ohio’s hazardous waste laws and rules.
To bring I. Schumann into compliance, Ohio EPA recommends promptly addressing
these violations within 14 days of your receipt of this letter.

1. ORC § 3734.02 (E)&(F), OAC rule 3745-50-41(A) and OAC rule 3745-50-45(A),
Unlawful Storage and Disposal of Hazardous Waste: No person shall store,
treat, or dispose of hazardous waste regardless of whether generated on or off the
premises where the waste is stored, treated, or disposed of, or transport or cause
to be transported any hazardous waste identified or listed under this chapter and
rules adopted under it to any other premises, except at or to any permitted
hazardous waste facility. In addition, OAC rules 3745-50-41(A) and 3745-50-45(A)
provide that ORC Chapter 3734 requires a permit for the treatment, storage or
disposal of any hazardous waste as identified or listed in Chapter 3745-51 of the
Administrative Code.

Northeast District Office • 2110 East Aurora Road • Twinsburg, OH 44087-1924

epa.ohio.gov • (330) 963-1200 • (330) 487-0769 (fax)
I. Schumann & Co.
July 22, 2022
Page 2 of 7

During the June 3, 2022, inspection, Ohio EPA observed a release of zinc oxide
to the concrete at the Silo area and adjacent soil/gravel area located on the west
side of the facility, as well as to the concrete in Quonset Hut number four. Previous
analytical results for the zinc oxide indicates the material exhibits the hazardous
waste characteristics for cadmium (D006) and lead (D008) as identified in OAC
rule 3745-51-24. Following the June 3, 2022, inspection, I. Schumann initiated
clean-up activities at the Silo area and Quonset hut number four through the
removal of the visible releases of the zinc oxide.

Ohio EPA determined that I. Schumann unlawfully stored and disposed of

hazardous waste (D006, D008) at the Silo area and Quonset number four and
does not have a hazardous waste permit in violation of ORC § 3734.02 (E)&(F),
OAC rule 3745-50-41(A) and OAC rule 3745-50-45(A). Therefore, I. Schumann
has established an unlawful hazardous waste storage and disposal facility without
first obtaining a hazardous waste facility installation and operation permit.

To mitigate the violations, Ohio EPA recommends that I. Schumann clean up the
release of hazardous waste at the Silo area and Quonset hut number four. Please
describe, as well as provide documentation regarding the completed clean-up
activities. In addition, please describe how I. Schumann will prevent a recurrence
of this violation.

Since I. Schumann violated ORC § 3734.02(E)&(F) by establishing an unpermitted

treatment, storage, or disposal facility (TSDF), I. Schumann is subject to the
closure and financial assurance requirements in OAC rules 3745-55-10 through
3745-55-48. Therefore, I. Schumann may be required to submit a closure plan for
the areas where hazardous waste was unlawfully stored and/or disposed. A
closure plan describes the steps necessary to investigate the extent of
contamination and clean up all contamination found.

I. Schumann is also subject to all applicable general facility standards found in

OAC Chapters 3745-54 and 3745-55, until such time as I. Schumann has
demonstrated that it has ceased operations as a TSDF. Additionally, at any time,
Ohio EPA may assert its right to have I. Schumann begin facility-wide cleanup,
pursuant to the corrective action process under Ohio EPA’s requirements.

2. ORC § 3734.02 (F) and OAC rule 3745-52-10(A)(3), Causing Hazardous Waste
to be Transported to an Unauthorized Facility: No person shall store, treat, or
dispose of hazardous waste regardless of whether generated on or off the
premises where the waste is stored, treated, or disposed of, or transport or cause
to be transported any hazardous waste identified or listed under this chapter and
rules adopted under it to any other premises, except at or to any permitted
hazardous waste facility. In addition, OAC rule 3745-52-10(A)(3) identifies that a
generator shall not transport, offer the generator’s hazardous waste for transport,
or otherwise cause the generator’s waste to be sent to a facility that is not a
I. Schumann & Co.
July 22, 2022
Page 3 of 7

designated facility or not otherwise authorized to receive the generator’s

hazardous waste.

Following the June 3, 2022, inspection, I. Schumann initiated clean-up activities at

the Silo area in response to the release of zinc oxide identified in violation number
one. However, the wastes generated from these activities were not adequately
evaluated upon generation and later determined to exhibit the hazardous waste
characteristic for lead (D008) as identified in OAC rule 3745-51-24.

Prior to the adequate evaluation of the clean-up related wastes, I. Schumann

caused hazardous waste to be shipped to Belmont Solids Control-Campbell
(BSC), a facility that is not otherwise authorized to accept, store, treat or dispose
of hazardous waste. The waste was generated from the clean-up activities
described above and consisted of three shipments that occurred on June 15 and
16, 2022. Two of the shipments and a partial amount of the third shipment were
returned to I. Schumann from BCS upon discovering the waste was not adequately
evaluated.

Therefore, I. Schumann caused hazardous waste to be sent to a facility that did

not have a hazardous waste facility installation and operation permit in violation of
ORC §3734.02(F) and OAC rule 3745-52-10(A)(3).

To mitigate the violations, Ohio EPA recommends that I. Schumann ship the waste
to an authorized facility. Please identify the corrective actions taken to address this
violation.

3. OAC Rule 3745-52-11, Hazardous Waste Determination: A person who

generates a waste as defined in OAC rule 3745-51-02 shall make an accurate
determination as to whether that waste is a hazardous waste to ensure wastes are
properly managed according to all applicable hazardous waste rules. If the waste
is determined to be hazardous, generators shall identify all applicable EPA
hazardous waste numbers in OAC rules 3745-51-20 to 3745-51-24 and 3745-51-
30 to 3745-51-35.

A. I. Schumann failed to evaluate the waste generated from the clean-up of

the zinc oxide release at the Silo area to ensure its proper management to
all applicable hazardous waste rules as described in violation number two.
I. Schumann’s contractor conducted sampling and analysis of the waste and
submitted the results on July 6, 2022, which identified the waste exhibited
the hazardous waste characteristic for lead (D008) as identified in OAC rule
3745-51-24. Therefore, this violation has been resolved.
B. I. Schumann failed to evaluate the contents of eight, 55-gallon drums
containing materials from the shot pit, spill pit, and other unidentified
materials. These containers were observed in Quonset hut number one.
I. Schumann & Co.
July 22, 2022
Page 4 of 7

C. I. Schumann failed to evaluate the contents of three metal bins containing

floor sweepings, scrap, sand molds, and masonry block. These containers
were observed in Quonset hut number two.

To resolve violations 1.B. and 1.C., Ohio EPA recommends that I. Schumann
immediately evaluate the wastes as required by this rule and submit the
evaluations to my attention for review.

4. OAC Rule 3745-52-20 to 3745-52-27, Manifest requirements: A generator who

transports, or offers for transport a hazardous waste for offsite treatment, storage,
or disposal must prepare a manifest (“OMB” control number 2050-0039), on U.S.
EPA form 8700-22, and if necessary, U.S. EPA form 8700-22A (the continuation
sheet), according to the instructions included in the appendix to 40 CFR Part 262.

I. Schumann failed to use a manifest for the three shipments of hazardous waste
which were transported to BSC, an unauthorized hazardous waste management
facility as described in violation number two. To resolve this violation, please
provide a copy of the hazardous waste manifest for the shipments of the clean-up
related wastes to an authorized hazardous waste management facility.

5. OAC Rule 3745-52-17(A)(1)(d)(i), Conditions for exemption for large quantity

generators that accumulate hazardous waste – management of containers:
A container holding hazardous waste shall always be closed during accumulation,
except when necessary to add or remove waste.

During the June 3, 2022, inspection, I. Schumann did not store hazardous waste
in a closed container. Specifically, one container (hopper) did not have its
cover/tarp securely affixed. The container was located in the hazardous waste
central accumulation area in the Middle Warehouse.

To resolve this violation, please provide a photograph of the container closed in

compliance with this rule.

6. OAC rule 3745-52-17(A)(5)(a)(ii), Conditions for exemption for large quantity

generators that accumulate hazardous waste – labeling and marking of
containers: A large quantity generator shall mark or label the generator’s
containers with an indication of the hazards of the contents (examples include, but
are not limited to, the applicable hazardous waste characteristic (i.e., ignitable,
corrosive, reactive, toxic); hazard communication consistent with the department
of transportation requirements at 49 CFR Part 172 supbart E (labeling) or subpart
F (placarding); a hazard statement or pictogram consistent with the occupational
safety and health administration hazard communication standard at 29 CFR
1910.1200, or a chemical hazard label consistent with the national fire protection
association code 704).
I. Schumann & Co.
July 22, 2022
Page 5 of 7

During the June 3, 2022, inspection, I. Schumann did not mark or label one
container (hopper) of hazardous waste with an indication of the hazards of the
contents. The container was located in the hazardous waste central accumulation
area in the Middle Warehouse.

To resolve this violation, please provide a photograph of the container marked with
the hazard indication.

7. OAC rule 3745-52-17(A)(7)(a)(i)(ii)(iii), Personnel Training:

(i) Facility personnel shall successfully complete a program of classroom
instruction, online training (e.g., computer-based or electronic), or on-the-job
training that teaches the facility personnel to perform the facility personnel's duties
in a way that ensures compliance with OAC chapter 3745-52. The large quantity
generator shall ensure that this program includes all the elements described in the
documents required in paragraph (A)(7)(d) of this rule.
(ii) This program shall be directed by a person trained in hazardous waste
management procedures and shall include instruction which teaches facility
personnel hazardous waste management procedures (including contingency plan
implementation) relevant to the positions in which the facility personnel are
employed.
(iii) At a minimum, the training program shall be designed to ensure that facility
personnel are able to respond effectively to emergencies by familiarizing personnel
with emergency procedures, emergency equipment, and emergency systems.

I. Schumann did not implement a personnel training program that complied with
the above requirements.

To resolve this violation, Ohio EPA recommends that I. Schumann develop and
implement a hazardous waste personnel training program consistent with the
requirements of OAC rule 3745-52-17(A)(7). Please submit documentation
verifying compliance with the personnel training program requirements of OAC rule
3745-52-17(A)(7).

8. OAC rule 3745-52-17(A)(7)(c), Personnel Training: Facility personnel shall take

part in an annual review of the initial hazardous waste training required in OAC
rule 3745-52-17(A)(7)(a).

I. Schumann did not conduct annual review (refresher) training in 2020 and 2021.

To resolve this violation, Ohio EPA recommends that I. Schumann provide training
to employees as required by this rule. Please submit documentation (e.g., training
agenda, copy of sign-in sheets) that employees received training.

9. OAC rule 3745-52-17(A)(7)(d)(iii), Personnel Training: The large quantity

generator shall maintain (iii) A written description of the type and amount of both
introductory and continuing training that shall be given to each person.
I. Schumann & Co.
July 22, 2022
Page 6 of 7

I. Schumann did not maintain the above referenced personnel training

documentation.

To resolve this violation, Ohio EPA recommends that I. Schumann include a

description of the type and amount of both introductory and continuing training in
its personnel training program. Please submit documentation the personnel
training program includes this information.

10. OAC Rule 3745-52-262(A)(B), Copies of contingency plan: (A) The large
quantity generator shall submit a copy of the contingency plan and all revisions to
all local emergency responders (i.e., police departments, fire departments,
hospitals, and state and local emergency response teams that may be called upon
to provide emergency services). This document may also be submitted to the local
emergency planning committee, as appropriate. (B) A large quantity generator
that is amending the generator’s contingency plan shall at that time submit a quick
reference guide of the contingency plan to the local emergency responders
identified at paragraph (A) of this rule or, as appropriate, the local emergency
planning committee.

A. OAC Rule 3745-52-262(A): I. Schumann did not distribute the

March 23, 2022, revised contingency plan to all local emergency
responders.
B. OAC Rule 3745-52-262(B): I. Schumann did not develop and submit a quick
reference guide when it was revised on March 23, 2022.

To resolve these violations, please submit a copy of the revised contingency plan
and quick reference guide to my attention, as well as documentation the plan and
guide were distributed to all local emergency responders.

11. OAC rule 3745-279-22(C)(1), Used oil storage requirements for generators:
Used oil generators must store used oil in containers and tanks which are in good
condition and not leaking. The containers and tanks must be labeled with the
words “Used Oil.” If used oil is released to the environment, the generator must
stop the release, contain the used oil, and clean-up and properly manage the
released oil and other materials.

During the March 7, 2022, inspection, I. Schumann did not label the following
containers with the words “Used Oil”:

A. Two, 5-gallon containers located in the Maintenance area, and

B. One tote located in the Combustibles building.

To resolve these violations, please submit photographs of the above containers

labeled with the words “Used Oil.”
I. Schumann & Co.
July 22, 2022
Page 7 of 7

Conclusion

The Ohio EPA requests that I. Schumann promptly undertake the necessary measures
to return to compliance with Ohio’s environmental laws and rules. Within 14 days of
receipt of this letter, I. Schumann is requested to provide documentation to Ohio EPA
including the steps taken to resolve the violations cited above. Documentation of steps
taken to return I. Schumann to compliance includes written correspondence, updated
policies, and photographs as appropriate and may be submitted via the postal service or
electronically to frank.zingales@epa.ohio.gov.

Please be advised that the violations cited above will continue until all violations have
been properly resolved. Failure to comply with Chapter 3734. of the Ohio Revised Code
and rules promulgated thereunder may result in an administrative or civil penalty.

The submission of any requested information to respond to this letter does not constitute
waiver of the Ohio EPA’s authority to seek administrative or civil penalties as provided in
Chapter 3734. of the ORC.

This NOV/PROV is only associated with those areas of the operations that were inspected
or the documentation reviewed and does not constitute a waiver of potential violations not
discovered.

A copy of the inspection report including completed checklists will be sent with a
separate letter. You can find Ohio’s hazardous waste rules and other information on the
division's web page at: https://epa.ohio.gov/wps/portal/gov/epa/divisions-and-
offices/environmental-response-revitalization/guides-and-manuals.

This letter is an official response from Ohio EPA that will be maintained as a public
record. If you have any questions regarding this letter, please contact me at
(330) 963-1108 or frank.zingales@epa.ohio.gov.

Sincerely,

Frank Zingales, Environmental Specialist

Division of Environmental Response and Revitalization

FZ/cm

ec: Josh Mauk, I. Schumann

Nyall McKenna, Ohio EPA, Northeast District Office, DERR
Natalie Oryshkewych, Ohio EPA, Northeast District Office, DERR
Alex Johnson, Ohio EPA, Northeast District Office, DERR
Zachary Kabelen, Ohio EPA, Central Office, DERR
EPA.RCRAInfoData