STATE OF |
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BEFORE THE INDIANA
DEPARTMENT |
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COMMISSIONER OF THE
DEPARTMENT Complainant, v. BP PRODUCTS NORTH
AMERICA, INC., Respondent. |
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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
2.
Respondent is BP
Products North America, Inc. (“Respondent”), which owns and/or operates a
facility with United States Environmental Protection Agency (“EPA”) ID No.
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 January 22, 2007, via Certified
Mail, to:
Ross J. Pillari, President |
The Prentice-Hall Corporation System, Inc. |
BP Products North America, Inc. |
Registered Agent for BP Products North |
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America, Inc. |
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5.
Respondent last
notified EPA of Large Quantity Generator and Treatment, Storage, and/or
Disposal activities on February 7, 2005.
6.
At this location, Respondent operates a waste water
treatment plant for its refinery.
7. 329
IAC 3.1 incorporates certain federal hazardous waste management requirements
found in 40 CFR Parts 260 through 270 and Part 273, including those identified
below.
8. During
an investigation on November 20, 2006, conducted by a representative of IDEM,
the following violations were found:
a. Pursuant
to 40 CFR 262.34(a)(4) referencing 40 CFR 265.31 and/or 40 CFR 264.31,
facilities must be maintained and operated to minimize the possibility of a
fire, explosion, or any unplanned sudden or non-sudden release of hazardous
waste to the air, soil, or surface water, which could threaten human health or
the environment.
As
noted during the inspection, Respondent failed to properly maintain and operate
the facility to minimize a release of hazardous waste to the environment. A suction hose for the J-23 Sump failed on
November 18, 2006, allowing hazardous waste water (F037, F038, K049, and K051)
to be released into the environment. The
waste water overfilled the sump unit and spilled over into a swale drain ditch
located just outside the
After
the release, Respondent immediately took steps to contain and clean up the
release. Vac-trucks were employed to
recover the free liquid within hours of the release, and the process generating
the hazardous waste water was shut down until repairs were made. However, due to the release impacting soil
within the swale and paved areas at other areas of the facility which will
require further remediation, including the area of the SWSB, Respondent
submitted a Corrective Action Work Plan to address the remaining cleanup. The Corrective Action Plan was approved by
IDEM on April 5, 2007.
b. Pursuant
to IC 13-30-2-1(1), no person shall discharge, emit, cause, allow, or threaten
to discharge, emit, cause, or allow any contaminant or waste, including any
noxious odor, either alone or in combination with contaminants from other
sources, into the environment in violation of 40 CFR 265.31 and/or 40 CFR
264.31.
As noted during the inspection, Respondent allowed hazardous waste water to
overfill a sump unit, thereby resulting in a release to the environment in
violation of 40 CFR 265.31 and/or 40 CFR 264.31.
c. Pursuant
to IC 13-30-2-1(3), no person shall deposit any contaminants upon the land in a
place or manner that creates or would create a pollution hazard that violates
or would violate 40 CFR 265.31 and/or 40 CFR 264.31.
As noted during the inspection, Respondent deposited hazardous waste water upon
the land in a place or manner that created a pollution hazard that violated 40
CFR 265.31 and/or 40 CFR 264.31.
9. 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. Upon
the Effective Date of this Agreed Order, Respondent shall continue implementation
of the Corrective Action Plan, as approved by IDEM on April 5, 2007, and in
accordance with the time frames contained therein.
3. Upon
the Effective Date of this Agreed Order, Respondent shall, in order to address
the area of the release, continue to follow the Post-closure permit issued on
March 30, 2007, for the SWSB, as referenced as part of Current Condition Report
in Attachment J.
4. All submittals required by this Agreed Order, unless
Respondent is notified otherwise in writing by IDEM, shall be sent to:
Brenda
Lepter, Enforcement Case Manager |
Office
of Enforcement – Mail Code 60-02 |
Indiana
Department of Environmental Management |
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5. Respondent
is assessed a civil penalty of Eight Thousand Seven Hundred and Fifty Dollars ($8,750).
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.
6. The civil
penalty is 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 |
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7. 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.
8. 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.
9. 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.
10. 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 permit(s) or any applicable Federal or State
law or regulation.
11. 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 Respondent may incur as a result of
Respondent’s efforts to comply with this Agreed Order.
12. 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.
13. 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.
14.
This Agreed
Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent. Such letter shall be issued upon Respondent's
completion of those activities set forth in Section II, Paragraph Nos. 2, 3,
& 5 of this Agreed Order.
TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental Management |
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By: |
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Nancy L. Johnston |
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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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For the Department of Environmental Management |
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By: |
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By: |
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Deputy Attorney General |
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Date: |
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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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, 2007. |
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For The Commissioner: |
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Signed on July 13, 2007 |
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Robert B. Keene |
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Assistant Commissioner |
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Office of Legal Counsel and Enforcement |
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