STATE
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BEFORE
THE INDIANA DEPARTMENT
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OF ENVIRONMENTAL
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COMMISSIONER
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OF ENVIRONMENTAL
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Complainant, |
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Case No. 2004-14025-H |
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MUNCIE CASTING CORP., |
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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 Muncie Casting Corp. ("Respondent"),
which owns and operates the facility 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
via Certified Mail to:
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Mr. Wayne B. Vest,
President and Registered Agent |
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Muncie Casting Corp. |
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5.
Respondent is a non-notifier. Respondent is an aluminum foundry which
produces parts for the automobile industry.
6.
An inspection on February 27, 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 262.11, a person who generates a solid
waste must determine if that waste is hazardous. Respondent did not make hazardous waste
determinations on the contents of the following containers, which is solid
waste generated by the Respondent.
(1)
Three (3) 5-gallon pails located on the west side of the
property.
(2)
Five (5) 55-gallon drums located between the main building and
air compressor building.
(3)
One (1) open-top metal “tub” located between the main
building and air compressor building.
On April 5, 2005, Respondent notified IDEM that waste
determinations had been made on the above containers. The 5-gallon pails and the contents of the
metal “tub” were disposed.
b.
Pursuant to 329 IAC 13-4-3(d), generators must label all
used oil containers and aboveground tanks with the words “Used Oil.” Respondent did not label five (5), 55-gallon
used oil containers with the words “Used Oil.”
On April 5, 2005, Respondent notified IDEM that the used oil containers have
been properly labeled. Compliance must
be verified by a field inspection.
c.
Pursuant to IC 13-30-2-1(4), no person shall deposit or
cause or allow the deposit of any contaminants or solid waste upon the land,
except through the use of sanitary landfills, incineration, composting, garbage
grinding, or another method acceptable to the solid waste management
board. Respondent caused and/or allowed
spent sand, molds, and cores, a contaminant or solid waste, to be deposited at
the Site in a method unacceptable to the solid waste management board. Spent sand, molds, and cores are deposited in
a waste pile behind the facility on the north side of the property and spent
sand was released around the baghouse.
d.
Pursuant to 329 IAC 10-4-2, no person shall cause or allow
the storage, containment, processing, or disposal of solid waste in a manner
which creates a threat to human health or the environment, including the
creating of a fire hazard, vector attraction, air or water pollution, or other
contamination. Respondent caused and/or
allowed spent sand, molds, and cores, a solid waste, to be disposed at the Site
in a manner which creates a threat to human health or the environment. Spent sand, molds, and cores are deposited in
a waste pile behind the facility on the north side of the property and spent
sand was released around the baghouse.
6.
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 329 IAC 13-4-3(d). Specifically, Respondent shall label all used
oil containers with the words “Used Oil.”
3.
Within five hundred and forty-five (545) days of the
Effective Date of this Order, Respondent shall remove and properly dispose of
the following wastes.
a.
Spent sand, molds, and cores accumulated in the waste pile
behind the facility.
b.
Spent sand that was released around the baghouse.
4.
Starting one hundred eighty (180) days from the Effective
Date of this Agreed Order and every ninety (90) days thereafter, Respondent
shall submit documentation to IDEM to show that progress is being made on the
removal of the waste noted in Order Condition 3 above. The documentation shall also include receipts
demonstrating that the Respondent is continuing to dispose of all newly
generated sands while remediating the pile.
5.
Respondent may remove the waste noted in Order Condition 3 for
use in a beneficial reuse project if IDEM has determined that it is a
legitimate use that does not pose a threat to public health or the environment. Said approval shall be in advance and in
writing.
6.
Within five hundred forty-five (545) days of the Effective
Date of this Order, Respondent shall excavate to six (6) inches below visible
contamination in the following areas, properly dispose of the excavated waste,
and submit documentation of proper disposal to IDEM for review.
a.
Underneath the waste pile behind the facility.
b.
Underneath the spent sand that was released around the
baghouse.
7.
All submittals required by this Agreed Order, unless
notified otherwise in writing, shall be sent to:
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Ms. Lori Colpaert, Enforcement Case Manager |
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Office of Enforcement |
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Indiana Department of Environmental Management |
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8.
Respondent is assessed a civil penalty of Twelve Thousand Six
Hundred Eighty Dollars ($12,680). Said
penalty amount shall be due and payable to the Environmental Management Special
Fund. Three Thousand One Hundred Seventy
Dollars ($3,170) shall be due within thirty (30) days of the Effective Date of
this Agreed Order. The remaining Nine
Thousand Five Hundred Ten Dollars ($9,510) shall be due in two (2) payments of
Four Thousand Seven Hundred Fifty Five Dollars ($4,755) the first within Three
Hundred Ninety Five (395) days and the second within Four Hundred Fifty Five
(455) 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:
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Violation |
Penalty |
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Failure to
comply with Order paragraph 3 |
$500 per week |
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Failure to
comply with Order paragraph 4 |
$500 per week |
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Failure to
comply with Order paragraph 6 |
$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 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:
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Cashier |
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IDEM |
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12.
In the event that the civil penalty required by Order
paragraph 8 is not paid within the time frames set forth therein, 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.
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TECHNICAL
RECOMMENDATION: |
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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Office of Enforcement |
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Printed:
__________________ |
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Title:
_ ___________________ |
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Date:
________________________ |
Date:
____________________ |
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COUNSEL
FOR COMPLAINANT: |
COUNSEL
FOR RESPONDENT: |
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Department
of Environmental Management |
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By:
______________ __________ |
By:
__________________________ |
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Office of Legal Counsel |
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Date:
_______________________ |
Date:
________________________ |
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APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY
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For The Commissioner: |
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Adopted 4/21/06 |
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Matthew T. Klein |
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Assistant Commissioner |
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of Compliance and
Enforcement |
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