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STATE OF |
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BEFORE THE INDIANA
DEPARTMENT |
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COMMISSIONER OF THE
DEPARTMENT Complainant, v. M A Bruder & Sons Incorporated, 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 M A Bruder & Sons Incorporated d/b/a MAB
Paints ("Respondent"), which owns the company with U.S. EPA ID No.
IND006037741, located at
3.
The Indiana Department of Environmental Management (“IDEM”)
has jurisdiction over the parties and
the subject matter of this action.
4.
The Respondent waives issuance of a Notice of Violation and
to the settlement period of sixty (60) days as provided for by IC 13-30-3-3.
5.
Respondent notified the U.S. EPA of Large Quantity Generator
activities on February 8, 1994.
Respondent is a manufacturer of commercial and industrial paints.
6.
An inspection on February 21, 2005 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 bag house waste, which was solid waste generated by
Respondent.
Respondent provided IDEM with the hazardous waste
determination on the bag house waste on July 14, 2005.
b. Pursuant to 40 CFR 262.40(a), a generator must keep a copy
of each signed manifest for three years.
Respondent did not maintain all of the required copies of manifests
on-site.
Respondent provided IDEM with copies of all manifests
on August 16, 2005.
c. 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 did not
label approximately fifty (50) containers of hazardous waste with accumulation
start dates.
d. Pursuant to 40 CFR 262.34(a)(3), a generator may accumulate
hazardous waste on-site for 90 days or less without a permit, provided that
containers are marked with the words "Hazardous Waste." Respondent did not label approximately fifty
(50) containers of hazardous waste with the words "Hazardous Waste."
e. 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 with either the words "Hazardous
Waste" or with other words describing the contents. Respondent did not properly label one (1)
55-gallon drum of paint related material; two (2) 55-gallon drums of rags; and
three (3) 55-gallon drums of hose and tubes.
During the inspection, all of the satellite
accumulation containers were properly labeled.
f. Pursuant to 40 CFR 262.34(c)(2), a generator who accumulates
in excess of 55-gallons of hazardous waste or one quart of acutely hazardous
waste at or near any point of generation must, with respect to that amount of
waste, comply within three days with 40 CFR 262.34(a). Respondent accumulated more than 55-gallons
of hazardous waste at the point of generation and did not comply with 40 CFR
262.34(a) within three days.
This violation was corrected at the time of the
inspection.
g. 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. Respondent did not store four (4) 55-gallon
satellite containers closed.
h. Pursuant to 40 CFR 262.34(d)(2) referencing 40 CFR
265.173(b), a container holding hazardous waste must not be opened, handled, or
stored in a manner that may rupture the container or cause it to leak. Respondent failed to properly manage three
(3) hazardous waste containers, causing them to leak.
i. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.51,
a generator must have a contingency plan.
Respondent did not have a contingency plan available for review at the
time of the inspection.
Respondent provided IDEM with a copy of the
contingency plan on August 16, 2005.
j.
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 have the training records
available for review at the time of the inspection.
Respondent provided IDEM with a copy of the training
records on August 16, 2005.
k. Pursuant to 40 CFR 268.7(a), a generator must submit to the
treatment, storage, or disposal facility a one-time notice and
certification. Respondent did not have
the one-time notice and certification available for review at the time of the
inspection.
Respondent provided IDEM with copies of the one-time
notice and certification on August 16, 2005.
l. Pursuant to 40 CFR 262.34(d)(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. Respondent failed to provide
the required aisle space in the hazardous waste storage area.
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 all required records are maintained on-site and available for
review at all times.
3.
Upon the Effective Date of this Agreed Order, Respondent
shall comply with 40 CFR 262.34(a)(2).
Specifically, Respondent shall ensure that all hazardous waste
containers are labeled with accumulation start dates and with the words “Hazardous
Waste.”
4.
Upon the Effective Date of this Agreed Order, Respondent
shall comply with 40 CFR 265.173(a).
Specifically, Respondent shall ensure that all hazardous waste
containers are stored closed.
5.
Upon the Effective Date of this Agreed Order, Respondent
shall comply with 40 CFR 265.35.
Specifically, Respondent shall ensure that the required aisle space is
maintained in the hazardous waste storage area.
6.
All submittals required by this Agreed Order, unless
notified otherwise in writing, shall be sent to:
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Deirdre Wyatt, Enforcement Case Manager |
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Indiana Department of Environmental Management |
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Office of Enforcement - Mail Code 60-02 |
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7.
Respondent is assessed a civil penalty of Twenty Five
Thousand Dollars ($25,000). 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.
8.
Civil 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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Indiana Department of Environmental Management |
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Cashier’s Office - Mail Code 50-10C |
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9.
In the event that the civil penalty required by Order
paragraph 7 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.
10.
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.
11.
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.
12.
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.
13.
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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Nancy L. Johnston, Chief |
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Office of Enforcement |
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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 of Legal Counsel |
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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 May 8, 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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