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. 2001-10870-H ) GENERAL MOTORS CORPORATION )

ALLISON TRANSMISSION , )

)

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 General Motors Corporation, Allison Transmission ("Respondent"), which operates the facility with U.S. EPA ID No. IND 006 413 348, located at 4700 West 10th Street, Indianapolis, Marion 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, on November 30, 2001, IDEM issued a Notice of Violation via Certified Mail to:

 Larry Dewey, President C.T. Corp. System, Registered Agent General Motors Corporation General Motors Corporation Allison Transmission Allison Transmission

4700 West 10th Street One North Capital Avenue

 Indianapolis, Indiana 46220 Indianapolis, Indiana 46204 5. Respondent notified the U.S. EPA of Large Quantity Generator activities on February 27, 1998. Respondent manufactures vehicle transmissions for heavy industrial on and off-road military vehicles.

6. An inspection on December 4, 2000 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:

a. Pursuant to 40 CFR 262.11, a person who generates a solid waste must determine if that waste is hazardous. Respondent had not made a proper waste determination for the waste ink pads used throughout the plant. The ink pads use both blue and yellow ink that contain mercuric chloride. On August 14, 2001, Respondent submitted a waste determination to IDEM for the ink pads. The waste determination showed that the waste ink pads are hazardous.

b. Pursuant to 40 CFR 262.12(c), a generator must not offer hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number. Respondent sent waste ink pads (characteristically hazardous for 4-Methylphenol (P-Cresol, D025)) to Coventa, a solid waste disposal facility which is not authorized to accept hazardous waste.

c. Pursuant to 329 IAC 3.1-7-3(a), 329 IAC 3.1-7-4, and IC 13-30-2-1(12), a generator who transports or offers for transportation, hazardous waste for off-site treatment, storage, or disposal, must prepare a manifest. Respondent allowed hazardous waste to be transported off-site without the required hazardous waste manifest.

 7. On January 17, 2002, the parties met to discuss the allegations set forth above. 8. 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. Upon the Effective Date of the Order, Respondent shall comply with 40 CFR 262.11. Specifically, Respondent shall ensure proper waste determinations are made on all waste generated at the facility.

3. Upon the Effective Date of the Order, Respondent shall comply with 40 CFR 262.12(c). Specifically, Respondent shall ensure that hazardous waste is disposed of only at authorized treatment, storage, and disposal facilities.

4. Upon the Effective Date of the Order, Respondent shall comply with 329 IAC 3.1-7-3(a), 329 IAC 3.1-7-4, and IC 13-30-2-1(12). Specifically, Respondent shall not allow any hazardous waste to be transported off-site without the proper manifest.

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

writing, shall be sent to:

Ms. Aubrey N. Sherif, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 6015

Indianapolis, IN 46206-6015

6. Respondent is assessed a civil penalty of Nine Thousand Dollars ($9,000). Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall pay a portion of this penalty in the amount of Five Thousand Five Hundred Seventy Nine Dollars ($5,579.00). Said penalty amount shall be due and payable to the Environmental Management Special Fund. In lieu of payment of the remaining civil penalty, Respondent shall perform and complete a Supplemental Environmental Project ("SEP"). Respondent estimates that this SEP will cost Ten Thousand, Two Hundred Sixty Three Dollars ($10,263.00). Within fifteen (15) days of completing this SEP, Respondent shall submit written notice and

documentation to IDEM which substantiates all actions taken and costs incurred with respect to the SEP. In the event that the cost of the SEP is less than Ten Thousand, Two Hundred Sixty Three Dollars ($10,263.00), Respondent shall pay 33.3% of the difference between the proposed cost of the SEP ($10,263.00) and the actual cost of the SEP.

As a Supplemental Environmental Project, Respondent shall purchase and either place or install, spill containment devices for chemicals used in any of the five Allison Transmission facilities in the greater Indianapolis, Indiana area. The chemicals are typically purchased in 333-gallon totes, 55-gallon drums, or 5- gallon pails, and are widely dispersed throughout plant operations. Selection of chemical products for portable containment will be based on existing facility features. Respondent shall submit copies of paid invoices and documentation of SEP completion by October 1, 2002.

In the event that the Respondent does not complete the SEP by October 1, 2002, the full amount of the civil penalty as stated in paragraph 6 above, plus interest established by IC 24-4.6-101 on the remaining amount, less the portion of the civil penalty Respondent has already paid, will be due within fifteen (15) days from Respondent's receipt of IDEM's notice to pay. Interest, at the rate established by IC 24-4.6-1-101, shall be calculated on the amount due from the date which is thirty (30) days after the Effective Date of this Agreed Order until the full civil penalty is paid.

7. Civil 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

8. 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.

9. 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.

10. 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.
 
 
 
 

11. 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.

12. 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: ________________________

Michael S. Byron

Office of Legal Counsel

Date: ___________________________ Date: ________________________
 
 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF _______________, 2002.

For the Commissioner: Signed May 17, 2002 Felicia A. Robinson

Deputy Commissioner

for Legal Affairs