STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2005-14729-H
					)
NATIONAL LIQUID PACKAGING, LLC,					)
					)
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 Indiana created by IC 13-13-1-1.

2. Respondent is National Liquid Packaging, LLC ("Respondent"), which owns and operates the facility with U.S. EPA ID No. INR 000 108 936, located at 2^nd Road in Kingsbury, LaPorte County, Indiana (“Site”).

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, on October 12, 2005, IDEM issued a Notice of Violation via Certified Mail to:

Mr. Jim Cronin	Corporation Service Company, Registered Agent
National Liquid Packaging, LLC	National Liquid Packaging, LLC
770 North Halstead Street, Suite 205	251 East Ohio, Suite 500
Chicago, Illinois 60622	Indianapolis, Indiana 46204

5. Respondent notified the U.S. EPA of Large Quantity Generator activities on April 24, 2003. Respondent repackages bulk products for consumer sales.

6. An inspection on May 17, 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 262.34(a)(1)(ii) referencing 40 CFR 265.192(a), a generator with a new tank system must have an integrity assessment certified by an independent, qualified, registered, professional engineer in accordance with 40 CFR 270.11(d) attesting that the system has sufficient structural integrity. Respondent did not provide the required integrity assessment for the D001 hazardous waste storage tank located in the tank farm.

b. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.192(d), all tanks and ancillary equipment must be tested for tightness before being covered, enclosed, or placed into use. Respondent did not test the D001 hazardous waste storage tank for tightness before placing it into use in the tank farm.

c. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.193, all new and existing tank systems must have secondary containment. Respondent did not provide secondary containment for the D001 hazardous waste storage tank in the tank farm.

d. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.194(b), a generator must use appropriate controls and practices to prevent spills and overflows from tank or secondary containment systems. Respondent did not provide the D001 hazardous waste storage tank with spill and overflow protection.

e. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.195, a generator must inspect tank systems once each operating day. Respondent did not conduct the required inspections.

On December 15, 2005, Respondent notified IDEM that the facility has implemented daily inspections and initiated the use of a “Daily Tank Checklist.” This finding is subject to field verification by IDEM.

f. 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 tanks are marked with the words "Hazardous Waste." Respondent did not label tanks with the words "Hazardous Waste."

On December 15, 2005, Respondent notified IDEM that the D001 hazardous waste tank has been labeled “Hazardous Waste,” marked “Flammable,” and a placard has been affixed to the tank describing the type of waste material in the tank. This finding is subject to field verification by IDEM.

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. Within one hundred twenty (120) days of the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.192(a). Specifically, Respondent shall complete an integrity assessment for the D001 hazardous waste storage tank located in the tank farm and provide a copy of the assessment to IDEM for review.

3. Within one hundred twenty (120) days of the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.192(d). Specifically, Respondent shall test the D001 hazardous waste storage tank for tightness and submit a copy of the test results to IDEM for review.

4. Within one hundred twenty (120) days of the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.193. Specifically, Respondent shall provide the D001 hazardous waste storage tank with secondary containment.

5. Within one hundred twenty (120) days of the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.194(b). Specifically, Respondent shall provide the D001 hazardous waste storage tank with spill and overflow protection.

6. Respondent shall comply with 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.195. Specifically, Respondent shall conduct daily inspections of the D001 hazardous waste tank.

7. Respondent shall comply with 40 CFR 262.34(a)(3). Specifically, shall label all hazardous waste tanks with the words “Hazardous Waste.”

8. “Force Majeure”, for purposes of this Agreed Order, is defined as any event arising from causes totally beyond the control and without fault of the Respondent that delays or prevents the performance of any obligation under this Agreed Order despite Respondent’s best efforts to fulfill the obligation. The requirement that the Respondent exercise “best efforts to fulfill the obligation” includes using best efforts to anticipate any potential force majeure event and best efforts to address the effects of any potential force majeure event (1) as it is occurring and (2) following the potential force majeure event, such that the delay is minimized to the greatest extent possible. “Force Majeure” does not include changed business or economic conditions, financial inability to complete the work required by this Agreed Order, or increases in costs to perform the work.

9. The Respondent shall notify IDEM by calling the case manager within three (3) calendar days and by writing no later than seven (7) calendar days after it has knowledge of any event which the Respondent contends is a force majeure. Such notification shall describe the anticipated length of the delay, the cause or causes of the delay, the measures taken or to be taken by the Respondent to minimize the delay, and the timetable by which these measures will be implemented. The Respondent shall include with any notice all available documentation supporting its claim that the delay was attributable to a force majeure. Failure to comply with the above requirements shall preclude Respondent from asserting any claim of force majeure for that event. The Respondent shall have the burden of demonstrating that the event is a force majeure. The decision of whether an event is a force majeure shall be made by IDEM.

10. If a delay is attributable to a force majeure, IDEM shall extend, in writing, the time period for performance under this Agreed Order, by the amount of time that is directly attributable to the event constituting the force majeure.

11. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

Ms. Lori Colpaert, Enforcement Case Manager

Indiana Department of Environmental Management

Office of Enforcement Mail Code 60-02

100 N. Senate Avenue

Indianapolis, IN 46204-2251

12. Respondent is assessed a civil penalty of Nine Thousand Dollars ($9,000). 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.

13. 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 2	$500 per week
Failure to comply with Order paragraph 3	$500 per week
Failure to comply with Order paragraph 4	$500 per week
Failure to comply with Order paragraph 5	$500 per week

14. 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.

15. 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

100 N. Senate Avenue

Indianapolis, IN 46204-2251

16. In the event that the civil penalty required by Order paragraph 12 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.

17. 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.

18. 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.

19. 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.

20. 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:
				Adopted March 23, 2006
				Matthew T. Klein
				Assistant Commissioner for
				Compliance & Enforcement