STATE OF
|
)
|
|
BEFORE THE INDIANA DEPARTMENT
|
|||
|
|
) |
SS: |
OF ENVIRONMENTAL
MANAGEMENT |
|||
|
|
) |
|
|
|||
|
|
|
|
|
|||
|
COMMISSIONER OF THE DEPARTMENT |
) |
|||||
|
OF ENVIRONMENTAL
MANAGEMENT, |
) |
|||||
|
|
|
) |
||||
|
Complainant, |
|
) |
|
|||
|
|
|
) |
|
|||
|
v. |
|
) |
Case No. 2005-14638-H |
|||
|
|
|
) |
|
|||
|
HONEYWELL INTERNATIONAL,
INC., |
|
) |
|
|||
|
|
|
) |
|
|||
|
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. 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 Honeywell International, Inc.
("Respondent"), which owns and operates the aircraft landing systems
manufacturing facility with U.S. EPA ID No. IND088736103, 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 June 22, 2005, via Certified Mail to:
|
David M. Cote, President |
Corporation Service
Company, Registered Agent for |
|
Honeywell International,
Inc. |
Honeywell International,
Inc. |
|
|
|
|
|
|
5.
Respondent notified the U.S. EPA of Large Quantity Generator
activities on April 2, 1990. Respondent
designs, engineers, and manufactures aircraft wheel assemblies and aircraft
carbon brake assemblies.
6.
An inspection on March 9 & 10, 2005, was conducted at
the Site by representatives 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 270.1(c), RCRA requires a permit for the
treatment, storage and disposal of any hazardous waste as identified or listed
in 40 CFR Part 261.
As noted during the inspection, Respondent stored hazardous waste identified or
listed in 40 CFR Part 261 without a permit.
Approximately 770-800 gallons of D002/D007 hazardous waste were stored
in Tank T-7 for greater than ninety (90) days without a permit. The tank is located in Plant 11/WWTP Area.
Respondent presented information at a conference between the parties on
November 14, 2005, indicating that Tank T-7 had been used as an exempt
wastewater treatment unit, but that the addition of Daraclean 282 GF to Tank
T-7 rendered the contents untreatable in the wastewater treatment system. Respondent also presented information
documenting that Tank T-7 was emptied on March 14, 2005, and that the wastes
were properly transported and disposed off-site. Respondent intends to return the tank to its
prior use as an exempt wastewater treatment unit. The tank will be used to store the same
hazardous wastewater as it did prior to the Notice of Violation, except for the
Daraclean 282 GF.
B.
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.
As noted during the inspection, Respondent operated a hazardous waste facility
without having first obtained a permit from the department.
C.
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.
As noted during the inspection, Respondent failed to notify the Commissioner of
hazardous waste storage activities.
D.
Pursuant to 40 CFR 262.34(b), a generator who accumulates
hazardous waste for more than ninety (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 D002/D007 hazardous waste
on-site in Tank T-7 for greater than ninety (90) days without complying with 40
CFR Part 264 and 40 CFR Part 270.
E.
Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265,
Subpart J, a generator that stores or treats hazardous waste in a tank must
comply with all applicable requirements of 40 CFR 265, Subpart J, for that
tank.
As noted during the inspection, Respondent failed to comply with the applicable
requirements of 40 CFR 265, Subpart J, for the 7000-gallon T-7 hazardous waste
storage tank, which was used to store D002/D007 waste.
F.
Pursuant to 40 CFR 262.34(a)(3), a generator may accumulate
hazardous waste on-site for ninety (90) days or less without a permit, provided
that containers and tanks are marked with the words "Hazardous
Waste."
As noted during the inspection, Respondent did not label five (5) 275-gallon
totes containing D002/D007 waste, located at the Anodizing Line, and one (1)
7000-gallon tank (T-7) containing D002/D007 waste, located in Plant 11/WWTP
Area, with the words "Hazardous Waste."
Respondent labeled the totes at the time of the inspection.
G.
Pursuant to 40 CFR 262.34(c)(1)(ii), a generator may
accumulate as much as fifty-five (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 with either the words
"Hazardous Waste" or with other words describing the contents.
As noted during the inspection, Respondent did not properly label four (4)
satellite accumulation containers. Three
(3) of the containers were located in the Paint Booth Area and one (1) was
located in Plant 21.
Respondent corrected these violations at the time of the inspection.
H.
Pursuant to 40 CFR 262.34(c)(1)(i) referencing 40 CFR
265.173(a), a container holding hazardous waste must always be closed during
storage, unless necessary to add or remove waste.
As noted during the inspection, Respondent did not store two (2) satellite
accumulation containers located in the Paint Booth Area closed.
Respondent corrected these violations at the time of the inspection.
I.
Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.52, a
facility’s contingency plan must include certain information.
As noted during the inspection, Respondent's contingency plan did not include
all of the required information. The
plan did not include a list of all emergency equipment at the facility and did
not list the location of the equipment, a physical description of the equipment,
and a brief outline of the equipment’s capabilities.
Respondent presented an updated contingency plan containing the required
information to IDEM at a conference between the parties on November 14, 2005.
J.
Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR
265.54(d), a contingency plan must be immediately amended whenever the list of
emergency coordinators changes.
As noted during the inspection, the listed primary emergency coordinator was no
longer employed at the Site.
Respondent presented an updated contingency plan to IDEM at a conference
between the parties on November 14, 2005, which listed the current primary and
alternate emergency coordinators.
K.
Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR
265.16(d), a facility must maintain records at the facility documenting that
personnel performing hazardous waste duties have had training that teaches them
to perform their duties in compliance with the hazardous waste management rules
As noted during the inspection, Respondent did not have training records for
two (2) contractors performing hazardous waste duties at the facility.
Respondent presented information to IDEM at a conference between the parties on
November 14, 2005, documenting that the personnel had been trained but that the
records were not at the Site. Respondent
advised that the training records are now maintained at the Site.
L.
Pursuant to 329 IAC 13-4-3(d), generators must label all
used oil containers and aboveground tanks with the words “Used Oil.”
As noted during the inspection, Respondent did not label four (4) used oil
containers with the words “Used Oil.”
Respondent presented information to IDEM at a conference between the parties on
November 14, 2005, documenting that the used oil containers have been properly
labeled.
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 his 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 that measures are implemented to ensure that hazardous waste is
not stored at the Site for greater than ninety (90) days without first
obtaining a permit from IDEM and notifying the Commissioner of storage
activities.
3.
Within thirty (30) days of the Effective Date of this Agreed
Order, Respondent shall provide documentation to IDEM demonstrating that Tank
T-7 has been adequately rinsed to remove any remaining residues of Daraclean
282 GF. Upon the submittal of such
documentation, Respondent may resume use of Tank T-7 as an exempt wastewater
treatment unit under 40 CFR 260.10.
4.
Upon the Effective Date of this Agreed Order, if at anytime
in the future Respondent intends to use Tank T-7 for anything other than
wastewater, Respondent shall clean close the tank to meet the closure
performance standards of 40 CFR 264.111 including, but not limited to, 40 CFR
264.197 prior to use.
5.
Upon the Effective Date of this Agreed Order, Respondent
shall ensure compliance with 40 CFR 262.34(a)(3) and 40 CFR
262.34(c)(1)(ii). Specifically, Respondent
shall label containers and tanks holding hazardous waste with the words
"Hazardous Waste."
6.
Upon the Effective Date of this Agreed Order, Respondent
shall ensure compliance with 40 CFR 265.173(a).
Specifically, Respondent shall ensure that containers holding hazardous
waste are kept closed during storage, unless necessary to add or remove waste.
7.
Upon the Effective Date of this Agreed Order, Respondent
shall ensure compliance with 40 CFR 265.52.
Specifically, Respondent shall ensure that the contingency plan is kept
up to date, including the name of the primary emergency coordinator.
8.
Upon the Effective Date of this Agreed Order, Respondent
shall ensure compliance with 40 CFR 265.16(d).
Specifically, Respondent shall ensure that personnel training records
are maintained at the Site.
9.
Upon the Effective Date of this Agreed Order, Respondent
shall ensure compliance with 329 IAC 13-4-3(d).
Specifically, Respondent shall ensure that all used oil containers and
aboveground tanks are labeled with the words “Used Oil.”
10.
All submittals required by this Agreed Order, unless
notified otherwise in writing, shall be sent to:
|
Brenda Lepter |
|
Indiana Department of Environmental Management |
|
Office of Enforcement Mail Code 60-02 |
|
|
|
|
11.
Respondent is assessed a civil penalty of Twenty Nine
Thousand Seven Hundred and Fifty Dollars ($29,750). 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.
12.
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 3 |
$500 per week |
13.
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.
14.
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:
|
Indiana Department of Environmental Management |
|
Cashier’s Office Mail Code 50-10C |
|
|
|
|
15.
In the event that the civil penalty required by Order
paragraph 11 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.
|
TECHNICAL RECOMMENDATION: |
RESPONDENT |
||||||
|
Department of Environmental Management |
|
||||||
|
|
|
||||||
|
By: |
____________________ |
By: |
____________________ |
||||
|
|
Nancy L. Johnston, Chief |
|
|
||||
|
|
Office of Enforcement |
Printed: |
_____________________ |
||||
|
|
|
|
|
||||
|
|
|
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 |
__________________ |
, 20____. |
|||
|
|
|
||||||
|
|
For the Commissioner: |
||||||
|
|
|
||||||
|
|
|
||||||
|
|
Signed on March 20, 2006 |
||||||
|
|
Matthew T. Klein |
||||||
|
|
Assistant Commissioner for |
||||||
|
|
Compliance & Enforcement |
||||||