STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

EXIDE TECHNOLOGIES, INC.,

Respondent.

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Case No. 2005-14754-H

 

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, 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 Exide Technologies, Inc. (“Respondent”), which owns and operates  the facility with U.S. EPA ID No. IND 000 717 959, located at 2601 Mount Pleasant Boulevard in Muncie, Delaware 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 18, 2005, IDEM issued a Notice of Violation via Certified Mail to:

 

Mr. Gordon Ulsh, President                         CT Corporation System

Exide Technologies, Inc.                              Registered Agent for:

13000 Deerfield Parkway                            Exide Technologies, Inc.

Building 200                                                  251 East Ohio Street, Suite 1100

Alpharetta, Georgia 30004                          Indianapolis, Indiana 46204

 

5.         Respondent is a Treatment, Storage, and Disposal Facility and a Large Quantity Generator. Respondent operates a lead recovery/smelting facility.

 

6.         A record review on August 4, 2005 was conducted on 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 record review:

 

a.         Pursuant to 40 CFR 262.12(c), a generator must not offer hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA ID number.  Respondent sent between fifteen to twenty tons of D008 hazardous waste slag to the Jay County Landfill for disposal. Jay County landfill does not have an EPA ID number and is not authorized to accept hazardous waste. The waste was transported by a transporter unauthorized to handle hazardous waste.

 

b.         Pursuant to 40 CFR 262.20, a generator who transports or offers for transportation hazardous waste for off-site treatment, storage, or disposal, must prepare a manifest.  Respondent sent between fifteen to twenty tons of D008 hazardous waste to the Jay County Landfill without a manifest.

 

c.         Pursuant to IC 13-30-2-1(12), a person may not cause or allow the transportation of a hazardous waste without a manifest if a manifest is required by law.  Respondent caused and allowed between fifteen to twenty tons of D008 hazardous waste to be transported to the Jay County Landfill without a manifest.

 

d.         Pursuant to 40 CFR 268.7(a), a generator must determine if a hazardous waste is restricted from land disposal and if the waste has to be treated before being land disposed.  Respondent did not determine if D008 hazardous waste was restricted from land disposal, and if the waste needed to be treated before being land disposed.

 

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.         Respondent shall comply with 40 CFR 262.12(c).  Specifically, Respondent shall not send hazardous waste to facilities which do not have EPA ID numbers and which are not authorized to accept hazardous waste, and shall not use unauthorized transporters.

 

3.         Respondent shall comply with 40 CFR 262.20 and IC 13-30-2-1(12).  Specifically, Respondent shall ensure that hazardous waste is not sent off-site without a manifest.

 

4.                  Respondent shall comply with 40 CFR 268.7(a).  Specifically, Respondent shall determine if a hazardous waste is restricted from land disposal, and if it has to be treated before being land disposed.

5.                  All submittals required by this Agreed Order, unless notified otherwise in

writing, shall be sent to:

 

Ms. Aubrey N. Sherif

Senior Environmental Manager

Indiana Department of Environmental Management

Office of Enforcement  Mail Code 60-02

100 N. Senate Avenue

Indianapolis, IN 46204-2251

 

6.         Respondent is assessed a civil penalty of Seven Thousand Dollars ($7,000).  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.

 

7.         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:

 

Indiana Department of Environmental Management

Cashier’s Office         Mail Code  50-10C

100 N. Senate Avenue

Indianapolis, IN 46204-2251

 

8.         In the event that the civil penalty required by Order paragraph 6 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.

 

9.         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.

 

10.       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.

 

11.       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.

 

12.       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

 

Printed:

Joel M. Campbell

 

Office of Enforcement

 

Title:

Vice President NA Recycling

 

 

 

 

 

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

 

, 2006.

 

 

For The Commissioner:

 

 

 

Signed on August 21, 2006

 

Matthew T. Klein

 

Assistant Commissioner

 

of Compliance and Enforcement