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. 2001-11075-H
)
POLLUTION CONTROL INDUSTRIES, INC., )
)
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 Pollution Control Industries, Inc., ("Respondent"), which operates the facility with U.S. EPA ID No. IND 000 646 943, located at 4343 Kennedy Avenue, in East Chicago, Lake County, Indiana ("Site").
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and the subject matter of this action.
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4. Pursuant to IC 13-30-3-3, on January 18, 2002, IDEM issued a Notice of Violation via Certified Mail to:
Ms. Tita LaGrimas John M. Newell, Registered Agent for
Pollution Control Industries, Inc. Pollution Control Industries, Inc.
4343 Kennedy Avenue 4343 Kennedy Avenue
East Chicago, IN 46312 East Chicago, IN 46312
5. Respondent last notified the U.S. EPA of Large Quantity Generator and Treatment, Storage, and Disposal activities on March 31, 1996. Respondent is a Part B permitted facility and large quantity generator of hazardous waste and functions primarily as a fuel blender. Respondent also treats and processes industrial waste.
6. An inspection on October 11 and 12, 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:
a. Pursuant to Permit Condition III., E.1(c), containers of thirty (30) gallons or more must be stored so that they can be inspected for leaks and deterioration caused by corrosion or other factors, without having to move the containers during the inspection and must have adequate aisle space between rows (approximately two and one-half (2 1/2) feet) to facilitate inspection. Respondent failed to maintain adequate aisle space in Area #3.
b. Pursuant to Permit Condition III., E.1, Attachment D, the nine (9) container storage areas accommodating wastes with free liquids are defined by their common secondary containment areas. Respondent stored wastes with free liquids outside of the aforementioned areas and without secondary containment.
Two other permit conditions were cited as violations at the time of the inspection. Based on a review of the Respondent's Permit Appeal and submission of a Class I Modification, these were determined not to be violations by IDEM. These were described in the inspection report as follows:
c. Pursuant to Permit Attachment D, Table D1, Respondent exceeded the permitted capacity in Area #3 Process Building. Respondent appealed this portion of the permit in 1999 and therefore capacities reverted back to those stated in the 1991 permit. Respondent did not exceed capacities contained in the 1991 permit.
d. Pursuant to Permit Attachment B, Condition B-5d, the purpose of stabilization/solidification/chemical fixation is to restrict mobility of certain hazardous constituents and to comply with Land Disposal Restrictions (LDR) of 40 CFR 268. Respondent demonstrated, and IDEM agreed, that LDR did not apply.
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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. In the future, Respondent shall comply with Permit Condition III., E.1(c). Specifically, Respondent shall insure that adequate aisle space is maintained between containers of thirty (30) gallons or more so they can be inspected for leaks and deterioration caused by corrosion or other factors.
3. In the future, Respondent shall comply with Permit Condition III., E.1, Attachment D. Specifically, Respondent shall insure that wastes containing free liquids are stored only in areas having secondary containment and permitted for the storage of liquid waste.
4. All submittals required by this Agreed Order, unless notified otherwise in
writing, shall be sent to:
Richard R. Milton, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
5. Respondent is assessed a civil penalty of Twelve Thousand Four Hundred and Fifty Dollars ($12,450). 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.
6. 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
7. In the event that the civil penalty required by Order paragraph 5, is not paid within
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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.
8. 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.
9. 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.
10. 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.
11. 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: ________________________
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APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _15__ DAY OF _MARCH______, 2002.
For the Commissioner:
_signed 3/15/2002__________________________
Felicia A. Robinson
Deputy Commissioner for
Legal Affairs