STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

WITT INDUSTRIES, INC.,

Respondent.

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Case No. 2003-13514-H

 

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 Witt Industries, Inc. ("Respondent"), which owns and operates the facility with U.S. EPA ID No. INR 000 014 274, located at 14531 8B Road, in Plymouth, 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 January 30, 2004, IDEM issued a Notice of Violation via Certified Mail to:

 

Mr. R. Timothy Harris, President
Witt Industries, Inc.
4454 Steel Place
Cincinnati, Ohio 45209

CT Corporation System, Registered Agent
Witt Industries, Inc.
36 South Pennsylvania Street, Suite 700
Indianapolis, Indiana 46204

 

5.                  Respondent notified the U.S. EPA of Large Quantity Generator activities on January 30, 2002.  Respondent galvanizes a variety of steel components, including steel aerial towers and fabricated steel parts, for the automotive industry.

 

6.                  An inspection on June 25, 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)(1)(ii) referencing 40 CFR 265.192(a), a generator with a new tank system must have an integrity assessment certified by an independent, qualified, registered, professional engineer in accordance with 40 CFR 270.11(d) attesting that the system has sufficient structural integrity. Respondent did not provide the required integrity assessment for the 5,000-gallon waste ferrous chloride tank located next to the Beta Room.

 

b.                  Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.192(d), all tanks and ancillary equipment must be tested for tightness before being covered, enclosed, or placed into use.  Respondent did not test the 5,000-gallon waste ferrous chloride tank located next to the Beta Room.

 

c.                  Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.193, all new and existing tank systems must have secondary containment.  Respondent did not provide secondary containment for the 5,000-gallon waste ferrous chloride tank located next to the Beta Room.

 

d.                  Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.194(b), a generator must use appropriate controls and practices to prevent spills and overflows from tank or secondary containment systems.  Respondent does not have spill and overflow prevention controls for the 5,000-gallon waste ferrous chloride tank located next to the Beta Room.

 

e.                  Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.195, a generator must inspect tank systems once each operating day.  Respondent did not conduct daily inspections on the 5,000-gallon waste ferrous chloride tank located next to the Beta Room.

Respondent alleges that daily inspections were conducted on the hazardous waste ferrous chloride tank.  However, Respondent did not document the inspections in the facility’s operating log as required by 40 CFR 265.195(c).

 

f.                    Pursuant to IC 13-30-2-1(1), no person shall discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources, into the environment in violation of 40 CFR 265.31.  Respondent allowed releases from the zinc dip tank onto the ground in four areas around the dip tank.

Respondent has excavated the zinc and realigned the vents around the zinc dip tank to minimize the possibility of future releases.  IDEM must verify in a field inspection that all zinc has been removed.

 

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 his 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 262.34(a)(1)(ii) referencing 40 CFR 265.192(a) if the waste ferrous chloride tank is used to store hazardous waste.  Specifically, Respondent shall conduct an integrity assessment on the 5,000-gallon waste ferrous chloride tank if it is used to store hazardous waste.

 

3.                  Respondent shall comply with 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.192(d) if the waste ferrous chloride tank is used to store hazardous waste.  Specifically, Respondent shall test the tank and ancillary equipment for tightness if it is used to store hazardous waste.

 

4.                  Respondent shall comply with 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.193 if the waste ferrous chloride tank is used to store hazardous waste.  Specifically, Respondent shall provide secondary containment for the 5,000-gallon waste ferrous chloride tank located next to the Beta Room if it is used to store hazardous waste.

 

5.                  Respondent shall comply with 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.194(b) if the waste ferrous chloride tank is used to store hazardous waste.  Specifically, Respondent shall institute appropriate spill and overflow prevention controls for the 5,000-gallon waste ferrous chloride tank located next to the Beta Room if it is used to store hazardous waste.

 

6.                  Respondent shall comply with 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.195 if the waste ferrous chloride tank is used to store hazardous waste.  Specifically, Respondent shall conduct daily inspections on the 5,000-gallon waste ferrous chloride tank located next to the Beta Room if it is used to store hazardous waste.

 

7.                  All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

Ms. Lori Colpaert, Enforcement Case Manager
Indiana Department of Environmental Management
Office of Enforcement          Mail Code 60-02
100 N. Senate Avenue
Indianapolis, IN 46204-2251

 

8.                  Respondent is assessed a civil penalty of Seven Thousand Three Hundred Dollars ($7,300).  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.                  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:

 

Indiana Department of Environmental Management
Cashier’s Office         Mail Code  50-10C
100 N. Senate Avenue
Indianapolis, IN 46204-2251

 

10.             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.

 

11.             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.

 

12.             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.

 

13.             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.

 

14.             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

 

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

 

, 200

 

.

 

 

For The Commissioner:

 

 

 

Signed on June 10, 2005

 

Matthew T. Klein

 

Assistant Commissioner for

 

Compliance and Enforcement