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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. Parker-Hannifin
Corporation, 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. The 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.
The Complainant is the Commissioner (“Complainant”) of the
Indiana Department of Environmental Management, a department of the State of
2.
The Respondent is Parker-Hannifin Corporation
(“Respondent”), which owns and/or operates a manufacturing facility d/b/a Goshen
Rubber, (the “Site”). The Respondent
holds a general National Pollutant Discharge Elimination System (“NPDES”)
permit No. ING250096 for the discharge of non-contact cooling water. The Site is located at
3.
The Indiana Department of Environmental Management (“IDEM”)
has jurisdiction over the parties and subject matter of this action.
4.
Pursuant to IC 13-30-3-3, On March 16, 2006, IDEM issued a
Notice of Violation via Certified Mail to:
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Donald E. Washkewicz, President Parker-Hannifin Corporation d/b/a |
CT Corporation, Registered Agent Parker-Hannifin Corporation d/b/a |
5.
Pursuant to 327 Indiana Administrative Code (“IAC”) 5-2-2,
any discharge of pollutants into waters of the State as a point source
discharge, except for exclusions made in 327 IAC 5-2-4, is prohibited unless in
conformity with a valid National Pollutant Discharge Elimination System
(“NPDES”) permit obtained prior to discharge.
6.
On November 10, 2004, a representative of IDEM conducted
investigations of a spill of an unknown amount of “Zyglo” brand fluorescent
powder dye, which was added to non-contact cooling water discharge to test for
leaks in the system. From the point
source discharge, the non-contact cooling water flowed through the Goshen Mill
Race Ditch, to the City of
7.
On April 15, 2005, IDEM issued a NPDES general permit, No.
ING250096, to the Respondent under 327 IAC 15-8. The permit was issued based on the notice of
intent submitted by the Respondent to IDEM on March 22, 2005, for the discharge
of the non-contact cooling water, which stated that the discharge does not
contain any additives, or industrial waste.
It is not commingled with the sanitary sewer discharge and is only used
as a heat exchanger for cooling purposes.
8.
Pursuant to 327 IAC 2-6.1-7, any person who operates,
controls or maintains any mode of transportation or facility from which a spill
occurs shall, upon discovery of a reportable spill to the soil or surface
waters of the State, contain the spill, if possible, to prevent additional
spilled material from entering the waters of the State; undertake or cause
others to undertake activities needed to accomplish a spill response; and as
soon as possible, but within two hours of discovery, communicate a spill report
to the Department of Environmental Management, Office of Environmental
Response.
9.
Although the Respondent notified the City of Goshen,
Indiana, that it was going to use “Zyglo” brand fluorescent powder dye to test
for leaks in the non-contact cooling water discharge from the Site, IDEM
considers the discharge of an unknown amount of non-contact cooling water
discharged from the Site for an undetermined period of time, a reportable
spill. Also, IDEM considers that an approximately
3 – 4 ounces of “Zyglo” brand fluorescent powder dye, which was added to
non-contact cooling water discharge to test for leaks in the system, that was
discharged on or before November 10, 2004, and was not properly
contained, and/or responded to, and/or reported to IDEM by the
Respondent, in violation of 327 IAC 2-6.1-7.
10.
Pursuant to Indiana Code (“IC”) 13-30-2-1(1), no person may
discharge, emit, cause, allow, or threaten to 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 or into
any publicly owned treatment works in any form which causes or would cause
pollution which violates or which would violate rules, standards, or discharge
or emission requirements adopted by the appropriate board under the
environmental management laws.
11.
The Respondent caused and/or
allowed the discharge of the non-contact cooling water containing
“Zyglo” brand fluorescent powder dye, in amounts sufficient to be classified as a contaminant or waste, into the environment
from the Site on or before November 10, 2004,
in violation of 327 IAC 2-6.1-7, and thus violating IC 13-30-2-1(1).
12.
Pursuant to 327 IAC 2-1-6(a)(1), the following are minimum
water quality conditions:
(1)
All waters at all times and at all places, including the
mixing zone, shall meet the minimum conditions of being free from substances,
materials, floating debris, oil or scum attributable to municipal, industrial,
agricultural, and other land use practices, or other discharges:
(A)
that will settle to form putrescent or otherwise objectionable
deposits;
(B)
that are in amounts sufficient to be unsightly or
deleterious;
(C)
that produce color, visible oil sheen, odor, or other
conditions in such degree as to create a nuisance;
(D)
which are in amounts sufficient to be acutely toxic to, or
to otherwise severely injure or kill aquatic life, other animals, plants or
humans
(E)
which are in concentrations or combinations that will cause
or contribute to the growth of aquatic plants or algae to such a degree as to
create a nuisance, be unsightly, or otherwise impair the designated uses.
13.
Pursuant to IC 13-30-2-1(1), a person may not discharge,
emit, cause, allow or threaten to 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.
14.
Pursuant to IC 13-18-4-5, it is unlawful for any person to
throw, run, drain, or otherwise dispose into any of the streams or waters of
Indiana; or cause, permit, or suffer to be thrown, run, drained, allowed to
seep, or otherwise disposed into any waters; any organic or inorganic matter
that causes or contributes to a polluted condition of any waters, as determined
by a rule of the board adopted under sections 1 and 3 of this chapter.
15.
During IDEM's spill investigation at the Site on November
10, 2004, it was noted that non-contact cooling water containing “Zyglo” brand
fluorescent powder dye had migrated off-site on or before November 10, 2004. It was also noted that the Respondent’s
discharge of the non-contact cooling water was
on-going, which caused or contributed to the contamination of the waters of the
State, in violation of 327 IAC 2-1-6(a)(1), and thus violating IC 13-30-2-1(1)
and IC 13-18-4-5.
16.
On May 22, 2006, representatives of IDEM held a settlement
conference with representatives of the Respondent. At that conference, IDEM received a copy of
the Respondent’s Spill Prevention, Control and Counter Measure Plan, which
meets IDEM’s requirements under a spill response plan.
17.
In recognition of the settlement reached, the 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.
Immediately upon the Effective Date, the Respondent shall
maintain compliance with point source discharge requirements of 327 IAC 5-2-2;
spill reporting requirements of 327 IAC 2-6.1-7; minimum water quality
requirements of 327 IAC 2-1-6(a)(1), IC 13-30-2-1(1), IC 13-18-4-5, and its
general permits for stormwater and non-contact cooling water.
3.
The Respondent is assessed a civil penalty of Six Thousand
Dollars ($6,000). Said penalty amount
shall be due and payable to the Environmental Management Special Fund within 30
days of the Effective Date.
4.
The civil penalty is payable by check to the Environmental
Management Special Fund. Payment shall
include the Case Number, 2004-14477-W, of this action and shall be mailed to:
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Cashiers
Office – Mail Code 50-10C |
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Indiana
Department of Environmental Management |
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5.
In the event that the civil penalty required by Order
Paragraph 3, is not paid within 30 days of the Effective Date, the 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.
6.
This Agreed Order is not and shall not be interpreted to be
a permit, or a modification of an existing permit, nor shall it in any way
relieve the Respondent of its obligation to comply with the requirements of its
applicable NPDES permit or with any other applicable federal or state law or
regulation.
7.
The Complainant does not, by its approval of this Agreed
Order, warrant or aver in any manner that the Respondent’s compliance with any
aspect of this Agreed Order will result in compliance with the provisions of
the Clean Water Act, NPDES permit, federal or state law.
8.
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 their
status or responsibilities under this Agreed Order.
9.
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.
10.
The Respondent shall provide a copy of this Agreed Order, if
in force, to any subsequent owners or successors before ownership rights are
transferred. The Respondent shall ensure
that all contractors, firms and other persons performing work under this Agreed
Order comply with the terms of this Agreed Order.
11.
This Agreed Order shall remain in effect until the
Respondent has complied with terms and conditions of Paragraphs 3 through 5 of
this Agreed Order and IDEM has issued a closeout letter to the Respondent.
The remainder of this page
intentionally left blank.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Parker
Hannifin Corporation |
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By: |
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By: |
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Mark
W. Stanifer, Chief |
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Water
Enforcement Section |
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Office
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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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Office
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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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DAY OF |
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For
The Commissioner: |
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Signed
on June 20, 2006 |
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Matthew
T. Klein |
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Assistant
Commissioner for |
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Compliance
and Enforcement |
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