The CAFO has been negotiated to resolve alleged violations of the Clean Air Act and the Resource Conservation and Recovery Act.
In summary, FONA failed to comply with the following RCRA requirement:
1. FONA failed to keep a copy of each manifest signed by the designated facility for at least three years from the date the waste was accepted by the initial transporter. See, 35 IAC 722.140(a) [40 CFR 262.40(a). Or in the alternative failed to provide notice that they had not received a copy of the manifest signed by the designated treatment, storage or disposal facility. See, 35 IAC 722.142(b) [40 CFR 262.42(b).
2. FONA failed to obtain construction and operating permits in violation of IPCB Rules 103(a)(1) and 103(b)(1) (now known as IAC Part 201.142 and 201.143) and section 110 of the Clean Air Act. The FONA facility began operations in 1994.