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.

WARRIOR OIL SERVICE, INC.,

Respondent.

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Case No. 2006-16161-H

 

 

AGREED ORDER

 

Complainant and 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 (“IDEM”), a department of the State of Indiana created by Indiana Code (“IC”) 13-13-1-1.

 

2.                  Respondent is Warrior Oil Service, Inc. (“Respondent”), which owns/operates the facility with United States Environmental Protection Agency (EPA) ID No. IND984900308, located at 809 Overstreet Avenue, in Franklin, Johnson County, Indiana (“Site”).

 

3.                  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 November 1, 2006, via Certified Mail to:

 

Mr. Joe Snedegar, President

Mr. Joe Snedegar, Registered Agent

Warrior Oil Service, Inc.

809 Overstreet Avenue

P.O. Box 382

Franklin, Indiana 46131

Franklin, Indiana 46131

 

 

5.                  Respondent notified EPA and IDEM of Transporter activities at the Site on August 13, 1991.

 

6.                  Respondent is a used oil transporter, processor and marketer.

 

7.                  During an investigation on July 18, 2006, conducted by a representative of IDEM, the following violations were found:

 

a.         Pursuant to 329 IAC 13-7-6, owners and operators of used oil processing and re-refining facilities must develop and follow a written analysis plan describing the procedures that will be used to comply with the analysis requirements of 329 IAC 13-7-4 and, if applicable, 329 IAC 13-9-3.  Respondent’s waste analysis plan was not being accurately followed.  Specifically, used oil shipments received by the Respondent containing over one thousand (1,000) parts per million (ppm) total halogens did not have adequate documentation to show the source of the halogens was not a hazardous waste.  In addition, documentation for each shipment of used oil sent to a used oil burner as “on-specification” used oil was not properly analyzed as stated in the waste analysis plan.

 

b.         Pursuant to 329 IAC 13-6-5, to ensure that used oil is not a hazardous waste under 329 IAC 13-3-1(b)(1)(B), used oil transporters must determine whether the total halogen content of used oil being transported or stored at a transfer facility is above or below one thousand (1,000) parts per million and maintain records of the analysis for at least three (3) years.  Respondent did not maintain records documenting that the used oil is not a hazardous waste under the rebuttable presumption of 329 IAC 13-3-1(b)(1)(B).

 

c.         Pursuant to 329 IAC 13-7-4, to ensure that used oil managed at a processing or re-refining facility is not a hazardous waste under 329 IAC 13-3-1(b)(1)(B), the owner or operator of a used oil processing or re-refining facility must determine whether the total halogen content of used oil being managed at the facility is above or below one thousand (1,000) parts per million.  Respondent did not determine the total halogen content of used oil managed at the facility.  Specifically, Respondent did not determine whether used oil managed at the facility is a hazardous waste under the rebuttable presumption of 329 IAC 13-3-1(b)(1)(B).

 

d.         Pursuant to 329 13-3-1, to ensure that used oil picked up by the transporter and managed at the processing facility is not hazardous waste under the rebuttable presumption of 329 IAC 13-3-1(b), the owner/operator must determine whether the total halogen content of used oil transported and managed at the facility is above or below one thousand (1,000) parts per million (ppm).  If greater than one thousand (1,000) parts per million (ppm) total halogens, it is presumed to be a hazardous waste; however, the owner/operator may rebut the presumption.  Respondent did not make an adequate rebuttal/hazardous waste determination for used oil shipments received by the transporter and/or the process facility.

 

e.         Pursuant to 329 IAC 13-9-3(a) and (b), a used oil transporter, processor or re-refiner, or burner may determine if used oil that is to be burned for energy recovery meets the fuel specifications of 329 IAC 13-3-2 by performing analysis or obtaining copies of analysis or other information documenting that the used oil fuel meets specifications and must keep copies of the information for three (3) years.  Respondent did not have adequate information to demonstrate that all used oil sent to be burned for energy recovery met the specifications of 329 IAC 13-3-2.

 

8.         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 Complainant or Complainant’s delegate, and has been received by Respondent.  This Agreed Order shall have no force or effect until the Effective Date.

 

2.                  Respondent shall comply with 329 IAC 13-7-6.  Specifically, Respondent shall follow the written analysis plan submitted to IDEM on September 22, 2006.

 

3.         Respondent shall comply with 329 IAC 13-6-5 and 329 IAC 13-7-4.  Specifically, Respondent shall determine whether the total halogen content of used oil managed at the facility is above or below one thousand (1,000) parts per million.

 

4.         Respondent shall comply with 329 IAC 13-3-1.  Specifically, Respondent shall conduct adequate rebuttals/hazardous waste determinations for the used oil shipments received at the Site and received by used oil transporters.

 

5.         Respondent shall comply with 329 IAC 13-9-3(a) and (b).  Specifically, Respondent must determine whether used oil that is to be burned for energy recovery meets the fuel specifications of 329 IAC 13-3-2 by performing analyses or obtaining copies of analyses or other information documenting that the used oil fuel meets specifications and keep the information used to make the determination for three (3) years.

 

6.         All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

 

Linda L. McClure, Enforcement Case Manager

Office of Enforcement – Mail Code 60-02

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

7.         Respondent is assessed a civil penalty of Five Thousand Dollars ($5,000).  Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date.  In the event that the civil penalty is not paid within thirty (30) days of the Effective Date, 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.

 

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:

 

Indiana Department of Environmental Management

Cashier – Mail Code 50-10C

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

9.         This Agreed Order shall apply to and be binding upon Respondent and its successors and assigns. Respondent’s signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.  No change in ownership, corporate, or partnership status of Respondent shall in any way alter its status or responsibilities under this Agreed Order.

 

10.       In the event that any terms of this 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 this 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 is not and shall not be interpreted to be a permit or a modification of an existing permit.  This Agreed Order, and IDEM’s review or approval of any submittal made by Respondent pursuant to this Agreed Order, shall not in any way relieve Respondent of its obligation to comply with the requirements of its applicable permits or any applicable Federal or State law or regulation.

 

13.       Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that Respondent’s compliance with any aspect of this Agreed Order will result in compliance with the provisions of any permit, order, or any applicable Federal or State law or regulation.  Additionally, IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondents may incur as a result of Respondent’s efforts to comply with this Agreed Order.

 

14.       Nothing in this Agreed Order shall prevent or limit IDEM’s rights to obtain penalties or injunctive relief under any applicable Federal or State law or regulation, except that IDEM may not, and hereby waives its right to, seek additional civil penalties for the same violations specified in the NOV.

 

15.       Nothing in this Agreed Order shall prevent IDEM, or anyone acting on its behalf, from communicating with the EPA or any other agency or entity about any matters relating to this enforcement action.  IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of such communications with the EPA or any other agency or entity.

 

16.       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, Section Chief

 

Printed:

 

 

Hazardous Waste Section

 

Title:

 

 

Office of Enforcement

 

 

 

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

 

, 2007.

 

 

For The Commissioner:

 

 

 

Signed on March 23, 2007

 

Robert B. Keene

 

Assistant Commissioner

 

Office of Legal Counsel and Enforcement