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. 2003-12892-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, except a proceeding to enforce this order.
 
 

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 owns and 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.

 Agreed Order 2003-12892-H

Pollution Control Industries, Inc.

ID# IND 000 646 943

Page 2

4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to: Tita LaGrimas, Vice President John Newell, Registered Agent for

Regulatory Affairs Pollution Control Industries, Inc.

Pollution Control Industries, Inc. 4343 Kennedy Avenue 4343 Kennedy Avenue East Chicago, IN 46312 East Chicago, IN 46312

5. Respondent notified the U.S. EPA of Large Quantity Generator and Treatment, Storage, and Disposal activities on March 31, 1996. Respondent is a Part B hazardous waste treatment and storage facility, primarily functioning as a large quantity generator and fuel blender of hazardous wastes. The facility also does solid waste processing.

6. An inspection on February 20 and 21, 2003, 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 262.34(a)(4) referencing 40 CFR 265.31, facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste to the air, soil, or surface water, which could threaten human health or the environment. Respondent failed to properly manage leaking hazardous waste roll-off boxes 20-912, 20-916 and 20-921 in Area 3 Apron.

This violation was corrected at the time of the inspection

b. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.171, if a container holding hazardous waste is not in good condition, or if it begins to leak, the generator must transfer the hazardous waste from this container to a container that is in good condition. Respondent stored hazardous waste in containers which were not in good condition. Roll-off box 131128 located on Area 3 Apron and, Roll-off Box 56 located on the East Leg Area, were punctured. Also, containers aforementioned in 6a. were leaking.

This violation was corrected at the time of the inspection.

c. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.35, a generator must maintain adequate aisle space to allow the unobstructed movement of personnel, fire protection, spill control, and decontamination equipment. Respondent failed to provide the required aisle space in Area 3 Apron.

This violation was corrected at the time of the inspection.
 
 


Agreed Order 2003-12892-H

Pollution Control Industries, Inc.

ID# IND 000 646 943

Page 3

d. Pursuant to Permit Condition II.H.2., the permittee shall test and maintain the equipment specified in Permit Attachment G as necessary to assure its

proper function in time of emergency. Such testing and maintenance activities are set forth in the inspection schedule in Permit Attachment F.

Respondent failed to properly maintain its secondary containment system in the Area 2 Tank Farm.

Respondent had initiated the paperwork for the repair of the secondary containment system but no repairs had been performed.

e. Pursuant to Permit Condition III.E.2.(d), incoming hazardous waste shall be placed in permitted units within seventy-two (72) hours, not including non- operating days, of entering the facility boundary unless the permittee rejects all or part of an incoming shipment. Respondent failed to move forty-six (46) 55-gallon drums of incoming liquid waste into permitted storage within 72 hours of entering the facility. These containers were located in Trailer 630196 on the Trailer Leg. Respondent also failed to move nine (9) 40-gallon containers of incoming liquid hazardous waste into permitted storage within the 72 hours. These containers were located in the Area 7 North Pad.

This violation was corrected at the time of the inspection. The aforementioned drums were put into Area 3's Permitted Storage Area.

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 thirty (30) days of the Effective Date of this Agreed Order, Respondent shall comply with Permit Condition II.H.2 by testing and maintaining the equipment specified in Permit Attachment G. Specifically, Respondent shall repair its Area 3 Tank Farm Secondary Containment System and provide it with an impermeable interior coating or lining that is compatible with the stored waste and that will prevent migration of waste into the concrete.

 3. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(4) referencing 40 CFR 265.31. Specifically, Respondent shall
 
 

Agreed Order 2003-12892-H

Pollution Control Industries, Inc.

ID# IND 000 646 943

Page 4

maintain and operate its facility to minimize the possibility of any unplanned sudden or non-sudden release of hazardous waste to the air, soil, or surface water, which could threaten human health or the environment.

4. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.171. Specifically, Respondent shall ensure that hazardous waste stored in a container in bad condition is transferred to a container that is in good condition.

5. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(4) referencing 40 CFR 265.35. Specifically, Respondent shall ensure that adequate aisle space is maintained in the container storage area to allow the unobstructed movement of personnel, fire protection, spill control, and decontamination equipment

6. Upon the Effective Date of this Agreed Order, Respondent shall comply with Permit Condition III.E.2.(d). Specifically, Respondent shall ensure that incoming hazardous waste shall be placed in permitted units within seventy-two (72) hours,

not including non-operating days, of entering the facility boundary unless the permittee rejects all or part of an incoming shipment.

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

writing, shall be sent to:

Richard R. Milton, Enforcement Case Manager

IDEM, Office of Enforcement

100 N. Senate Avenue

P. O. Box 6015

Indianapolis, IN 46206-6015

8. Respondent is assessed a civil penalty of Thirteen Thousand Dollars ($13,000). 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.

9. 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 Penalty

Failure to comply with Order paragraph 2 $500 per week

10. 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
 
 
Agreed Order 2003-12892-H

Pollution Control Industries, Inc.

ID# IND 000 646 943

Page 5

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.

11. 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

12. In the event that the civil penalty required by Order paragraph 8 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.

13. 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.

14. 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.

15. 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.

16. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.
 
 
 
 
 
 
 
 
 
 

 Agreed Order 2003-12892-H

Pollution Control Industries, Inc.

ID# IND 000 646 943

Page 6
 
 

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 _______________, 2003.
 
 
 
 

For the Commissioner:

Signed 1/8/04

Felicia A. Robinson
Deputy Commissioner for
Legal Affairs