STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) Case No. 2001-10291-H
)
NATIONAL ANODIZING AND PLATING )
)
Respondent. )
AGREED ORDER
The Complainant and the Respondent desire to settle and compromise this action without hearing or adjudication of any issue of fact or law, and consent to the entry of the following Findings of Fact and Order. Pursuant to IC 13-30-3-3, entry into this agreement does not constitute an admission of any violation contained herein. Respondent's entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding.
I. FINDINGS OF FACT
1. Complainant is the Commissioner ("Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.
2. Respondent is National Anodizing and Plating ("Respondent"), which operated the facility with U.S. EPA ID No. IND 057592644, located at 4700 Ohara Drive, in Evansville, Vanderburgh County, Indiana ("Site").
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and the subject matter of this action.
4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:
Rahmi Soyugenc
National Anodizing and Plating
2100 N. Sixth Avenue
Evansville, Indiana 47710
5. Respondent notified the U.S. EPA of hazardous waste activities on August 18, 1980. Before Respondent ceased operations at the facility in the spring of 2000, Respondent was a generator of hazardous wastes from plating operations. However, Respondent became subject to RCRA storage facility requirements when hazardous wastes were left behind when the facility ceased operations.
6. Inspections on December 14, 2000 and February 1, 2001, were conducted at the Site by representatives of IDEM’s Office of Land Quality ("OLQ"). The following violations were in existence or observed at the time of these inspections:
a. Pursuant to 40 CFR 262.11 and/or 40 CFR 264.13, a person who generates a solid waste must determine if that waste is hazardous and/or before an owner or operator treats, stores, or disposes of any hazardous wastes, he must obtain a detailed chemical and physical analysis of a representative sample of the wastes. Respondent failed to make/complete hazardous waste determinations and/or failed to obtain a detailed chemical and physical analysis of wastes left behind in containers and tanks at the facility, as well as for lab chemicals and off-spec materials which could no longer be used.
b. Pursuant to IC 13-30-2-1(10) and 40 CFR 270.1(c), no person shall commence or engage in the operation of a hazardous waste facility without having first obtained a permit from IDEM. Respondent operated as a storage facility without having first obtained a permit. Although the facility ceased operations in the spring of 2000, hazardous wastes remained on-site at the time of the inspections by IDEM.
c. Pursuant to 329 IAC 3.1-1-10, every hazardous waste generator, transporter, or owner or operator of a hazardous waste facility, must notify the Commissioner of its hazardous waste activity on the approved forms. Respondent failed to notify the Commissioner of storage activities.
d. Pursuant to 40 CFR 262.34(b), a generator who accumulates hazardous waste for more than 90 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. Respondent stored hazardous waste in containers and tanks, as well as lab chemicals and off-spec materials which could no longer be used, on-site for greater than 90 days without complying with 40 CFR 264 and 40 CFR 270. On January 17, 2002, Respondent submitted a closure plan to IDEM for approval, in order to address the areas where hazardous waste was stored for greater than 90 days.
7. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.
II. ORDER
1. This Agreed Order shall be effective ("Effective Date") when it is approved by the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
2. Within twenty (20) days of the Effective Date of the Order, Respondent shall comply with 40 CFR 262.11 and/or 40 CFR 264.13. Specifically, Respondent shall provide IDEM with proper hazardous waste determinations and/or the results of detailed chemical and physical analyses for all wastes, including off-spec materials and lab chemicals which can no longer be used, at the facility, not already provided to IDEM, if any.
3. Within forty-five (45) days of the Effective Date of the Order, Respondent shall submit documentation (including all applicable manifests and land disposal restriction notifications and certifications) to IDEM demonstrating that all hazardous wastes stored at the facility for greater than ninety (90) days have been properly transported off-site for proper treatment, storage, or disposal, not already provided to IDEM, if any.
4. Within thirty (30) days of the date Respondent receives comments from IDEM, if any, to the closure plan submitted on January 17, 2002, Respondent shall submit a revised hazardous waste closure plan to IDEM for approval.
5. Upon notice of approval of the closure plan by IDEM, Respondent shall implement the plan as approved, and in accordance with the time frames contained therein.
6. Within forty-five (45) days of the Effective Date of the Order, Respondent shall provide to IDEM proof of financial assurance for closure, pursuant to 329 IAC 3.1-15-4.
7. Within thirty (30) days of the Effective Date of the Order, Respondent shall ensure that all applicable 40 CFR Part 264 requirements are complied with until the storage areas are certified closed.
8. All submittals required by this Agreed Order, unless notified otherwise in
writing, shall be sent to:
Brenda Lepter
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
9. Respondent is assessed a civil penalty of Twenty Eight Thousand Four Hundred Dollars ($28,400). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date of this Agreed Order.
10. In the event the terms and conditions of the following paragraphs are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amount:
Violation
PenaltyFailure to comply with Order paragraphs 2 $1000 per week/per
Through 7. violation
11. Stipulated penalties shall be due and payable within thirty (30) days after Respondent receives written notice that the Complainant has determined a stipulated penalty is due. Assessment and payment of stipulated penalties shall not preclude the Complainant from seeking any additional relief against the Respondent for violation of the Agreed Order. In lieu of any of the stipulated penalties given above, the Complainant may seek any other remedies or sanctions available by virtue of Respondent’s violation of this Agreed Order or Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.
12. Civil and stipulated penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Case Number of this action and shall be mailed to:
Cashier
IDEM
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
13. In the event that the civil penalty required by Order paragraph 9 is not paid within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.
14. This Agreed Order shall apply to and be binding upon the Respondent, its successors and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.
15. In the event that any terms of the Agreed Order are found to be invalid, the remaining terms shall remain in full force and effect and shall be construed and enforced as if the Agreed Order did not contain the invalid terms.
16. The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.
17. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management
By: __________________________ By: ________________________
Nancy L. Johnston, Chief
Office of Enforcement Printed: __________________
Title: ________________________
Date: __________________________ Date: ________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: ___________________________ By: ________________________
Office of Legal Counsel
Date: ___________________________ Date: ________________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF _______________, 2002.
For the Commissioner:
___________________________
Felicia A. Robinson
Deputy Commissioner
of Legal Affairs