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. 2001-10570-H

)

R. R. DONNELLEY AND SONS COMPANY,)

)

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 the terms of this Agreed Order 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 R. R. Donnelley and Sons Company ("Respondent"), which operates the facility with U.S. EPA ID No. IND005480710, located at 2801 West Old Road 30, in Warsaw, Kosciusko 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:

Mr. Bill Davis, President C. T. Corporation Systems,

R. R. Donnelley and Sons Company Registered Agent

77 West Wacker Dr. 36 S. Pennsylvania Street

Chicago, IL 60601-1696 Suite 700

Indianapolis, IN 46204

5. Respondent notified the U.S. EPA of Large Quantity Generator activities on August 8, 1980. Respondent is a printing company that produces a variety of catalogs and publications. The facility operates a wastewater treatment unit and distillation unit for solvent recovery.
    1. An inspection on April 25, 2001 was conducted at the Site by a representative of IDEM’s Office of Land Quality ("OLQ"). The following violations were in existence or observed at the time of this inspection:
      1. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.202 referencing 40 CFR 265.1050(c), each piece of equipment to which air emission standards apply shall be marked in such a manner that it can be readily distinguished from other pieces of equipment. Respondent did not mark any of the equipment in the required manner.
      2. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.202 referencing 40 CFR 265.1052, each pump in light liquid service shall be monitored in accordance with the provisions of this part. Respondent did not monitor each pump in light liquid service as required.
      3. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.202 referencing 40 CFR 265.1057, valves in light liquid service shall be monitored in accordance with the provisions of this part. Respondent did not monitor valves in light liquid service as required.
      4. Pursuant to 40 CFR 262.34 (a)(1)(ii) referencing 40 CFR 265.202 referencing 40 CFR 265.1058, flanges and other connectors shall be monitored in accordance with the provisions of this part. Respondent did not monitor flanges and other connectors as required.
      5. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.202 referencing 40 CFR 265.1064, each generator subject to the provisions of this subpart shall comply with the record keeping requirements of this section. Respondent did not comply with the record keeping requirements.
      6. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.202 referencing 40 CFR 265.1083, generators with hazardous waste in tanks shall control air pollutant emissions from each hazardous waste management unit in accordance with the standards specified in 40 CFR 265.1085 through 40 CFR 265.1088 of this subpart. Respondent had not controlled emissions from the 1000-gallon hazardous waste tank. The 1000-gallon tank was emitting VOCs above 500 ppm. On October 16, 2001, IDEM was informed that Respondent has corrected all of the 1000-gallon hazardous waste tank's deficiencies and that the tank is in compliance with all applicable requirements.
      7. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.202 referencing 40 CFR 265.1085(c)(2), the 8000-gallon tank's fixed roof shall be installed in a manner such that there are no visible cracks, holes, gaps, or other open spaces between roof section joints or between the interface of the roof edge and the tank wall. Respondent's 8000-gallon hazardous waste tank's level monitoring device had an opening. The opening was not equipped with a closure device or connected by a closed-vent system that is vented to a control device. On October 16, 2001, IDEM was informed that Respondent has corrected all of the 8000-gallon hazardous waste tank's deficiencies and that the tank is in compliance with all applicable requirements.
    1. 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.
    1. Within thirty (30) days of the Effective Date of the Order, Respondent shall mark all equipment subject to 40 CFR 265 Subpart BB so that the equipment is readily distinguishable from other equipment.
    2. Within thirty (30) days of the Effective Date of the Order, Respondent shall implement a monitoring system for all equipment subject to 40 CFR 265 Subpart BB requirements. Respondent shall maintain a record of all monitoring results.
    3. Within thirty (30) days of the Effective Date of the Order, Respondent

shall submit to IDEM a written, detailed explanation of how Orders 2 and 3 will be accomplished.

5. All submittals required by this Agreed Order, unless notified otherwise in

writing, shall be sent to:

Deirdre L. Wyatt, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 6015

Indianapolis, IN 46206-6015
    1. Respondent is assessed a civil penalty of Nine Thousand, Two Hundred Dollars ($9,200). 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.
    2. 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:
    3. Violation Penalty

Failure to comply with Order paragraph 2 $100 per week

Failure to comply with Order paragraph 3 $100 per week

Failure to comply with Order paragraph 4 $100 per week

9. 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.

10. 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

11. In the event that the civil penalty required by Order paragraph 6 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.
    1. 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.
    2. 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.

14. 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.

15. 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

Hazardous Waste Section Printed: _______________________

Office of Enforcement

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 _______________, 2001.

 

 

 

For the Commissioner:

 

 Adopted December 3, 2001

_________________________

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs