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. 2004-14165-H |
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MIDDLEBURY HARDWOOD |
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PRODUCTS, 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.
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 Middlebury Hardwood
Products, Inc., which owns and operates the company with U.S. EPA ID No.
3. The
4. Pursuant to IC 13-30-3-3, on
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Mr. Charles E. Lamb |
Mr. Charles E. Lamb |
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President |
Registered Agent |
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Middlebury Hardwood Products, Inc. |
Middlebury Hardwood Products, Inc. |
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5. Respondent notified the U.S. EPA of
Small Quantity Generator activities on
Respondent manufactures hardwood cabinet doors for recreational vehicles and manufactured housing units. Processes include cutting, sanding, and staining of wood.
6. An inspection on
a. Pursuant to 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 90 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 had not labeled five 55-gallon drums of waste thinner/stain (D001, F003, and F005) in the drum storage shed with accumulation start dates. This violation was corrected during the inspection.
b. 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 either with the words “Hazardous Waste” or with other words describing the contents. Respondent had not marked two satellite accumulation containers of waste thinner/stain (D001, F003, and F005) in the flat line department with the words “Hazardous Waste” or with other words identifying the contents. This violation was corrected during the inspection.
c. 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 initial training. Respondent had not provided initial or annual hazardous waste training to its employees.
d. 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. Respondent did not maintain any hazardous waste training related documents on-site.
e. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.51, a generator must have a
contingency plan. Respondent could not
locate a copy of its contingency plan during the inspection. On
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. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(2). Specifically, Respondent shall ensure that all containers of hazardous waste are marked with accumulation start dates.
3. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(c)(1)(ii). Specifically, Respondent shall ensure that all satellite accumulation containers are marked with either the words “Hazardous Waste” or with other words describing the contents of the containers.
4. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(a), (b), and (c). Specifically, Respondent shall develop and implement a program of classroom or on-the job training for all employees involved with the management of hazardous waste.
5. Within forty-five (45) days of the Effective Date of this Agreed Order, Respondent shall submit to IDEM a copy of the following training documents:
a. The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job.
b. A written description for each position at the facility related to hazardous waste management, including the requisite skill, education, or other qualifications.
c. A written description of the type and amount of introductory and continuing training that will be given to each person filling a position involved with hazardous waste management.
d. Records that document that the training or job experience required for hazardous waste management related positions have been provided.
6. Upon the Effective Date of this Agreed Order, Respondent shall ensure that at all times the emergency coordinator is either present at the facility or on-call to respond to emergencies. The emergency coordinator shall be familiar with the location of all hazardous waste related records.
7. Within forty-five (45) days of the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(4) referencing 40 CFR 265.53. Specifically, Respondent shall submit copies of the contingency plan to all local police departments, fire departments, hospitals, and State and local emergency response teams.
8. Within sixty (60) days of the Effective Date of this Agreed Order, Respondent shall submit to IDEM documentation that the contingency plan has been submitted to all local emergency officials.
9. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Aubrey Sherif
Senior Environmental Manager
Office of Enforcement
Indiana Department of Environmental Management
10. Respondent is assessed a civil penalty of Six Thousand, Eight Hundred Dollars ($6,800). Said penalty amount shall be due and payable to the Environmental Management Special Fund in four equal payments of One Thousand, Seven Hundred Dollars ($1,700). The first payment shall be made within thirty (30) days of the Effective Date of this Agreed Order. Each of the remaining three payments shall be made every ninety (90) days thereafter.
11. 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 5 |
$250 per week |
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Failure to comply with Order paragraph 8 |
$250 per week |
12. 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.
13. 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
14. In the event that the civil penalty required by Order paragraph 10 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.
15. 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.
16. 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.
17. 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.
18. 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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Nancy L. Johnston, Chief |
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Office of Enforcement |
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Date: |
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______________________________ |
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COUNSEL FOR COMPLAINANT: |
COUNSEL FOR RESPONDENT: |
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Department of Environmental Management |
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_____________________________ |
By: |
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Office of Legal Counsel |
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APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF _______________, 2004.
For the Commissioner:
Signed on
Felicia A. Robinson
Deputy Commissioner for
Legal Affairs