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. 2004-13880-H
					)
PARKER-HANNIFIN CORPORATION,					)
					)
	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 Parker-Hannifin Corporation ("Respondent"), which operates the facility with U.S. EPA ID No. IND984894865, located at 10801 Rose Avenue, in New Haven, Allen 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 July 14, 2004, IDEM issued a Notice of Violation via Certified Mail to:

Donald E. Washkewicz, President Parker-Hannifin Corporation 6035 Parkland Blvd. Cleveland, OH 44124

C.T. Corporation System, Registered Agent for: Parker-Hannifin Corporation 36 S. Pennsylvania Street Suite 700 Indianapolis, IN 46204

5. Respondent notified the U.S. EPA of Large Quantity Generator activities on May 15, 1991. Respondent manufactures refrigeration and air conditioning valves for residential, light commercial, and industrial applications.

6. An inspection on January 8, 2004 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(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 he marks his containers either with the words, "Hazardous Waste" or with other words that identify the contents of the container. Respondent accumulated waste in a satellite accumulation container of paint filters that was not marked either with the words, "Hazardous Waste" or with other words that identify the contents of the container.

Respondent labeled the containers with the words, “Hazardous Waste” at the time of the inspection.

B. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(a), (b), & (c), facility personnel must complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in compliance with the hazardous waste management rules. Employees must be trained within six months after their date of hire and must take part in an annual review of the initial training. Respondent did not provide documentation of the annual training for the years 2002 and 2003 for the two facility personnel that manage hazardous waste.

C. Pursuant to 40 CFR 262.34(b), a generator who accumulates hazardous waste for more than 90 days is an operator of a storage facility and is subject to the requirements of 40 CFR Part 264 and the permit requirements of 40 CFR Part 270. Respondent stored in the pallet area, a 30 cubic yard roll-off, a 250 gallon tote, and a 250 gallon container of hazardous waste on-site for greater than 90 days without complying with 40 CFR Part 264 and 40 CFR Part 270.

D. Pursuant to IC 13-30-2-1(10), a person may not commence or engage in the operation of a hazardous waste facility without having first obtained a permit from the department. Respondent operated a hazardous waste facility without having first obtained a permit from the department.

E. Pursuant to 329 IAC 3.1-1-10, every hazardous waste generator, transporter, or owner or operator of a hazardous waste facility, must notify the Commissioner of its hazardous waste activity on the approved forms. Respondent failed to notify the Commissioner of hazardous waste storage activities.

F. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.52(e), a facility’s contingency plan must include a list of all emergency equipment at the facility. This list must include the location and a physical description of each item on the list, and a brief outline of its capabilities. Respondent's contingency plan did not include the list of emergency equipment for the pallet hazardous waste 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 40 CFR 265.16(a), (b), and (c). Specifically, Respondent shall implement and conduct an annual training program. Respondent shall submit to IDEM documentation of the required training program and a list of the facility personnel that have completed the annual training.

3. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34 (b). Specifically, Respondent shall comply with 40 CFR 264 and the permit requirements of 40 CFR 270 at any time that hazardous waste is accumulated for more than 90 days.

4. Upon the Effective Date of this Agreed Order, Respondent shall comply with 329 IAC 3.1-1-10. Specifically, Respondent shall notify the Commissioner regarding the operation of a hazardous waste facility at any point that the storage of hazardous waste exceeds 90 days.

5. Within forty-five (45) days of the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 265.52. Specifically, Respondent shall revise its contingency plan to include a list of all emergency equipment, as well as the location, physical description, and a brief outline of the capabilities of each piece of equipment. Submit a copy of the contingency plan to IDEM.

6. Within ninety (90) days of the Effective Date of this Agreed Order, Respondent shall decontaminate the hazardous waste container storage area noted in Finding C, hereinafter referred to as “the pad”, as follows:

a. remove all wastes from the pad and appropriately dispose;

b. mechanically clean the pad by scraping, sweeping, or other method, to remove all physical contamination;

c. inspect the pad for cracks. If cracks are detected, perform Item j. at this point;

d. wash the pad with a high pressure steam cleaner with detergent or appropriate solvent to remove the previously stored waste materials;

e. rinse the pad three (3) times with water;

f. collect the third (final) rinsate separately and analyze two (2) samples to show that the pad’s surface meets the cleanup levels. For inorganic and certain organic parameters, the cleanup levels of the rinsate will be based on the Maximum Contaminant Levels (MCLs) of the National Primary Drinking Water Regulations (40 CFR 141). For the organic parameters without MCLs, the cleanup levels of the rinsate will be based on the analytical methods’ Estimated Quantitation Limits (EQLs), as defined in SW-846. The analytical parameters will be based on wastes previously stored on the pad;

g. the decontamination procedure shall be repeated until the cleanup levels are met;

h. ensure that care is taken to prevent migration of cleaning liquids from the pad area;

i. collect and dispose of all residues and rinsates as hazardous waste unless the residues and rinsates are analyzed and determined to be non-hazardous;

j. sample the soil underlying any cracks found in the inspection to check for contamination. If no contamination is found, seal the cracks and proceed with Items d. through i. above;

k. if contamination is found, submit a hazardous waste closure plan within sixty (60) days to IDEM for approval for the container storage area in accordance with the provisions of 40 CFR 264 Subpart G, as incorporated by 329 IAC 3.1-9-1;

l. upon notice of approval of the closure plan by IDEM, implement the approved plan in accordance with the time frames contained therein.

7. Within fifteen (15) days of completing the decontamination required in Order 6, Respondent shall submit documentation, including sample results, that the decontamination has been completed to IDEM for review. Analytical results submitted to IDEM for review shall include signed chain-of-custody sheets, sampling dates, analysis dates, analytical methods used, MCLs, EQLs and quality control results. The quality assurance/quality control (QA/QC) results shall include initial and continuing calibration results, blank results, matrix duplicates, and matrix spike/matrix spike duplicate results.

8. In the event IDEM determines that any plan submitted by Respondent is deficient or otherwise unacceptable, Respondent shall revise and resubmit the plan to IDEM in accordance with IDEM's notice. After three (3) submissions of such plan by Respondent, IDEM may modify and approve any such plan and Respondent must implement the plan as modified by IDEM. The approved plan shall be incorporated into this Agreed Order and shall be deemed an enforceable part thereof.

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

Deirdre Wyatt, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015

9. Respondent is assessed a civil penalty of Eighteen Thousand Six Hundred Dollars ($18,600). 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.

10. 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
Failure to comply with Order paragraph 5	$500 per week
Failure to comply with Order paragraph 6	$500 per week
Failure to comply with Order paragraph 7	$500 per week
Failure to comply with Order paragraph 8	$500 per week

11. 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 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.

12. 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

13. In the event that the civil penalty required by Order paragraph 9 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.

14. 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.

15. 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.

16. 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.

17. 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		, 2005.
			For The Commissioner:
			Signed on 5/16/2005
			Matthew T. Klein
			Assistant Commissioner for
			Compliance and Enforcement