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. 2003-13336-H
)
COOPER TIRE & RUBBER COMPANY D/B/A )
NISHIKAWA STANDARD 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.
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 Cooper Tire & Rubber Company d/b/a Nishikawa Standard Company ("Respondent"), which owns and operates the facility with U.S. EPA ID No. IND 982 634 214, located at 501 High Street, in Bremen, Marshall 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 December 12, 2003, IDEM issued a Notice of Violation via Certified Mail to:
Mr. T. A. Dattilo, President CT Corporation System, Registered Agent
Cooper Tire & Rubber Company d/b/a Cooper Tire & Rubber Company d/b/a
Nishikawa Standard Company Nishikawa Standard Company
701 Lima Avenue 36 South Pennsylvania Street, Suite 700
Findlay, Ohio 45840 Indianapolis, Indiana 46204
5. Respondent notified the U.S. EPA of Large Quantity Generator activities on June 12, 1989. Respondent manufactures automobile sealing systems.
6. An inspection on July 31, 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 262.11, a person who generates a solid waste must determine if that waste is hazardous. Respondent did not make hazardous waste determinations on manual coating paint booth filters.
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 hazardous waste manual coating spray booth filters to Prairie View Landfill, a facility that does not have an EPA identification number.
On January 29, 2004, Respondent provided documentation to IDEM that naphtha, not toluene, was used to clean to clean paint guns until August 2003.
c. Pursuant to 40 CFR 262.20 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 sent hazardous waste manual coating spray booth filters to Prairie View Landfill without a manifest.
On January 29, 2004, Respondent provided documentation to IDEM that naphtha, not toluene, was used to clean to clean paint guns until August 2003.
d. Pursuant to 40 CFR 268.7(a), a generator must determine if a hazardous waste is restricted from land disposal and if the waste has to be treated before being land disposed. Respondent did not make a land disposal determination for hazardous waste manual coating paint booth filters.
On January 29, 2004, Respondent provided documentation to IDEM that naphtha, not toluene, was used to clean to clean paint guns until August 2003.
e. Pursuant to 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 180 days or less without a permit, provided that the date when the accumulation begins is clearly marked and visible for inspection on each container. Respondent did not label one (1) container with accumulation start date.
Respondent corrected this violation during the July 31, 2003 inspection.
f. Pursuant to 40 CFR 262.34(c)(1)(ii), a generator may accumulate as much as 55 gallons of hazardous waste at or near the point of generation without a permit and without complying with 40 CFR 262.34(a), provided that the containers are marked with either the words "Hazardous Waste" or with other words describing the contents. Respondent did not properly label satellite accumulation containers.
Respondent corrected this violation during the July 31, 2003 inspection.
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. Respondent shall comply with 40 CFR 262.11. Specifically, Respondent shall make a hazardous waste determination on all newly generated wastes and on the waste resulting from a change in process.
3. Respondent shall comply with 40 CFR 262.12(c). Specifically, Respondent shall not send hazardous waste to a facility that does not have an EPA identification number.
4. Respondent shall comply with 40 CFR 262.20 and IC 13-30-2-1(12). Specifically, Respondent shall prepare a manifest for all hazardous waste sent off-site for treatment, storage, or disposal.
5. Respondent shall comply with 40 CFR 268.7(a). Specifically, Respondent shall make a land disposal determination for all hazardous waste sent off-site for land disposal.
6. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Ms. Lori Colpaert, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
7. Respondent is assessed a civil penalty of Eight Thousand Seven Hundred Fifty Dollars ($8,750). 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.
8. 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
9. In the event that the civil penalty required by Order paragraph 7 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.
10. 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.
11. 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.
12. 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.
13. 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 _______________, 2004.
For the Commissioner:
Adopted 3/24/04
___________________________
Felicia A. Robinson
Deputy Commissioner for
Legal Affairs