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STATE OF |
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BEFORE THE INDIANA DEPARTMENT |
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OF ENVIRONMENTAL MANAGEMENT |
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COMMISSIONER OF THE DEPARTMENT |
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OF ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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v. |
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Case No.
2004-13886-H |
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ALAC SERVICES, INC. |
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Respondent. |
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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
2.
Respondent is Alac
Services, Inc. ("Respondent"), which owns and operates the facility
with U.S. EPA ID No. IND 016184608, located at
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, IDEM issued a Notice of
Violation on
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Thomas E. Proctor,
President |
Marsa A. Young, Registered
Agent for |
5.
Respondent notified the U.S. EPA of hazardous waste
activities on
6.
An inspection on
A.
Pursuant to 40 CFR 262.11, a person who generates a
solid waste must determine if that waste is hazardous.
As noted during the inspection, Respondent did not make a proper hazardous
waste determination on tetrachloroethylene waste,
which was a solid waste generated by Respondent. The waste code F001 was used instead of F002.
B.
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.
As noted during the inspection, Respondent stored hazardous waste on-site at
the Stoddard Solvent Dry Cleaning Area for greater than 90 days without
complying with 40 CFR Part 264 and 40 CFR Part 270. One (1) container of hazardous waste had a
start of accumulation date of
Respondent submitted details of the decontamination of the pad where the
container of waste had been stored to IDEM on
C.
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.
As noted during the inspection, Respondent stored hazardous waste in containers
that were not in good condition. Two (2)
1-cubic yard Gaylord boxes located in the hazardous
waste accumulation area were discolored from the waste leaking or soaking
through onto the pallets and floor.
D.
Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.174, a generator must conduct
weekly inspections of container storage areas.
As noted during the inspection, Respondent failed to conduct weekly inspections
of the hazardous waste accumulation area.
Respondent notified IDEM during a telephone call on
E.
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.
As noted during the inspection, Respondent failed to properly manage the
facility to minimize releases to the environment, as evidenced by two (2)
containers that were leaking, and malfunctioning
equipment which allowed the hazardous waste tank to overfill.
F.
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.
As noted during the inspection, Respondent failed to provide the required aisle
space in the hazardous waste accumulation area.
G.
Pursuant to 40 CFR 262.34(a)(4)
referencing 40 CFR 265.16(d)(1-4), certain hazardous waste training related
documents and records must be maintained on-site.
As noted during the inspection, Respondent did not maintain all of the required
information on-site. There was no
documentation indicating that annual update training had been provided in 2002;
the position of Hazardous Waste Manager did not reflect the current employee;
and the written job descriptions for two (2) positions contained erroneous
information.
H.
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.
As noted during the inspection, Respondent failed to use appropriate controls
to prevent overfilling of the 1400-gallon hazardous waste tank located in the
wastewater treatment area. The tank's
automatic shut-off was not working properly.
I.
Pursuant to 40 CFR 262.34(a)(1)(ii)
referencing 40 CFR 265.195, a generator must inspect tank systems once each
operating day.
As noted during the inspection, Respondent did not conduct the required
inspections for the 1400-gallon hazardous waste tank located in the wastewater
treatment area.
Respondent notified IDEM on
J.
Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40
CFR 265.196, a tank system or secondary containment system from which there has
been a leak or spill or which is otherwise unfit to use, must be removed from
service immediately.
As noted during the inspection, Respondent failed to remove the 1400-gallon
hazardous waste tank located in the wastewater treatment area from service even
though it kept overfilling.
K.
Pursuant to 40 CFR 268.7(a)(2), if a generator
determines that a waste does not meet treatment standards, the generator must
submit to the treatment, storage, or disposal facility a one-time notice and certification. No further notification is necessary until
such time the waste or facility changes, in which case a new notification must
be sent to the disposal facility and placed in the generator's file.
As noted during the inspection, Respondent failed to provide the proper
information on the new land disposal restriction notification for the waste tetrachloroethylene, which became necessary once the waste
profile changed. The notification lacked
the manifest number and a legible listing of the codes for which the waste must
be treated. The date of the attached
manifest was
7.
A settlement conference was held between the parties
on
8.
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.
Upon the Effective Date of this Agreed Order,
Respondent shall ensure compliance with 40 CFR 262.11. Specifically, Respondent shall ensure that a
proper hazardous waste determination is made on each solid waste generated at
the facility.
3.
Upon the Effective Date of this Agreed Order,
Respondent shall ensure compliance with 40 CFR 265.171. Specifically Respondent shall ensure that, 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.
4.
Upon the Effective Date of this Agreed Order,
Respondent shall ensure that any remedial action determined to be necessary as
a result of inspections is conducted upon discovery of a leak or deterioration
of a container.
5.
Upon the Effective Date of this Agreed Order,
Respondent shall ensure compliance with 40 CFR 265.31. Specifically, Respondent shall maintain and
operate the facility 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.
6.
Upon the Effective Date of this Agreed Order,
Respondent shall comply with 40 CFR 265.35.
Specifically, Respondent shall maintain adequate aisle space to allow
the unobstructed movement of personnel, fire protection, spill control, and
decontamination equipment.
7.
Upon the Effective Date of this Agreed Order,
Respondent shall ensure compliance with 40 CFR 265.16(d)(1-4).
8.
Upon the Effective Date of this Agreed Order,
Respondent shall ensure compliance with 40 CFR 265.194(b). Specifically, Respondent shall ensure that
appropriate controls and practices are used to prevent spills and overflows
from tank or secondary containment systems.
9.
Upon the Effective Date of this Agreed Order,
Respondent shall ensure compliance with 40 CFR 265.196. Specifically, Respondent shall remove any
tank system or secondary containment system from which there has been a leak or
spill, or which is unfit from use, from service until such time as necessary to
ensure that the appropriate requirements of 40 CFR 265.196 have been met.
10.
Upon the Effective Date of this Agreed Order,
Respondent shall ensure compliance with 40 CFR 265.195. Specifically, Respondent shall inspect tank
systems once each operating day.
11.
Upon the Effective Date of this Order, Respondent
shall ensure compliance with 40 CFR 268.7(a)(2). Specifically, Respondent shall ensure that
land disposal restriction notifications include the proper information.
12.
All submittals required by this Agreed Order, unless
notified otherwise in writing, shall be sent to:
Brenda Lepter
Office of Enforcement
Indiana Department of Environmental Management
P. O. Box 6015
13.
Respondent is assessed a civil penalty of Thirty
Seven Thousand Four Hundred
Dollars ($37,400). Within
thirty (30) days of the Effective Date of the Agreed Order, Respondent shall
pay a portion of this penalty in the amount of Three Thousand Seven Hundred and
Forty Dollars ($3,740). Said penalty
amount shall be due and payable to the Environmental Management Special Fund. In lieu of payment of the remaining civil
penalty, Respondent shall perform and complete a Supplemental Environmental
Project (“SEP”). Respondent estimates
that this SEP will cost a minimum of Sixty Seven Thousand Three Hundred and
Twenty Dollars ($67,320). Within twenty
(20) days of completing this SEP, Respondent shall submit written notice and
documentation to IDEM which substantiates all actions taken and costs incurred
with respect to the SEP. In the event
that the cost of the SEP is less than Sixty Seven Thousand Three Hundred Twenty
($67,320), Respondent shall pay 50% of the difference between the proposed cost
of the SEP ($67,320) and the actual cost of the SEP.
As a Supplemental Environmental Project, Respondent shall completely eliminate
the use of chlorinated solvents (perchloroethylene),
and thereby resulting hazardous wastes, at the Site. Respondent shall purchase one 450 pound Brim
66/40 tilting washer extractor and one 450 pound Brim 74/78G gas heated dryer
to wash customers’ gloves that can be water washed. Additionally, Respondent shall send gloves
that must be dry-cleaned to a facility that uses petroleum based solvents,
instead of chlorinated solvents, in its process. Respondent shall notify IDEM that the washer
and dryer have been purchased, installed, and being used, and that gloves that
must be dry-cleaned are being shipped off-site to a facility that uses
petroleum based solvents in its process by no later than July 31, 2005. Implementation of this SEP will eliminate
the usage of perchloroethylene at this Site.
In the event that the Respondent does not complete the SEP by July 31, 2005,
the full amount of the civil penalty as stated in paragraph 14 above, plus
interest established by IC 24-4.6-1-101 on the remaining amount, less the
portion of the civil penalty Respondent has already paid, will be due within
fifteen (15) days from Respondent's receipt of IDEM’s notice to pay. Interest, at the rate established by IC
24-4.6-1-101, shall be calculated on the amount due from the date which is
thirty (30) days after the Effective Date of this Agreed Order until the full
civil penalty is paid. 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.
14.
The civil penalty is 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
P. O. Box 7060
15.
In the event that the cash portion of the civil
penalty required by Order paragraph 13 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.
16.
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.
17.
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.
18.
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.
19.
This Agreed Order shall remain in effect until IDEM
issues a Resolution of Case letter to Respondent.
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TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental Management |
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By: |
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By: |
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Nancy L. Johnston, Chief |
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Thomas E. Proctor |
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Office of Enforcement |
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Printed: |
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Title: |
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Date: |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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Department of Environmental Management |
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By: |
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By: |
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Office of Legal Counsel |
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Date: |
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APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL |
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MANAGEMENT THIS |
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For The Commissioner: |
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Signed on |
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Matthew T. Klein |
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Assistant Commissioner |
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for Compliance & Enforcement |
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