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.

Monaco COACH CORPORATION,

Respondent.

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Case No. 2007-16886-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 Monaco Coach Corporation (“Respondent”), which operates the facility with United States Environmental Protection Agency (EPA) ID No. IND062431614, located at 600 Nelson’s Parkway, in Wakarusa, Elkhart 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 July 3, 2007 via Certified Mail to:

 

John W. Nepute, President

Richard E. Bond, Registered Agent for:

Monaco Coach Corporation

Monaco Coach Corporation

91320 Coburg Industrial Way

606 Nelson’s Pkwy.

Coburg, OR 97408

Wakarusa, IN 46573

 

5.                  Respondent most recently notified EPA of Large Quantity Generator activities on February 6, 2006.  Monaco Coach Corporation manufactures and assembles recreational vehicles.

 

6.                  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.

 

7.                  During an investigation including an inspection on March 21, 2007 conducted by a representative of IDEM, the following violations were found:

 

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 proper hazardous waste determinations on paint filters, which were solid wastes generated by Respondent.

 

b.         Pursuant to 40 CFR 262.12(c), a generator must not offer its hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number.  Respondent sent hazardous waste (paint filters) to Earthmovers Landfill, a disposal facility that did not have an EPA identification number.  Respondent notified IDEM on August 9, 2007 that the paint filters are no longer being utilized and that waste stream is no longer being generated as of March 22, 2007.

 

c.         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 offered hazardous waste for transportation for off-site treatment, storage, or disposal without preparing a manifest.

 

d.         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 or allowed the transportation of a hazardous waste without a manifest as required by law.

 

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.         Upon the Effective Date of this Agreed Order, Respondent shall ensure that proper hazardous waste determinations are made on all waste streams generated on-site.

 

3.         Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.12(c).  Specifically, Respondent shall ensure hazardous waste is not offered to transporters or to treatment, storage, or disposal facilities that do not have an EPA identification number.

 

4.         Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.20 and IC 13-30-2-1(12).  Specifically, Respondent shall not offer hazardous waste for transportation for off-site treatment, storage, or disposal without a manifest.

 

5.         Respondent is assessed a civil penalty of Ten Thousand, Two Hundred Ninety Five Dollars ($10,295.00).  Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall pay a portion of this penalty in the amount of Two Thousand, Nine Hundred Fifty Four Dollars ($2,954).  Said penalty amount shall be due and payable to the Environmental Management Special Fund. In lieu of payment of the remaining civil penalty, Respondent shall perform and complete a Supplemental Environmental Project (“SEP”).  Respondent estimates that this SEP will cost Fourteen Thousand, Six Hundred Eighty Two Dollars ($14,682).  Within thirty (30) days of completing this SEP, Respondent shall submit written notice and documentation to IDEM which substantiates all actions taken and costs incurred with respect to the SEP.  In the event that the cost of the SEP is less than Fourteen Thousand, Six Hundred Eighty Two Dollars ($14,682), Respondent shall pay Fifty Percent (50%) of the difference between the proposed cost of the SEP and the actual cost of the SEP.

 

As a Supplemental Environmental Project, Respondent shall implement a Vacuum Assist Resin Transfer Molding (VARTM) process which is a closed tooling project. Respondent shall convert two (2) of the facility’s existing molds by no later than One Hundred Eighty (180) days from the Effective Date of this Agreed Order. Implementation of this SEP will reduce the emissions from these two (2) molds by Ninety Nine Percent (99%) from the resin cure stage.  Within thirty (30) days of completing this SEP, Respondent shall submit written notice and documentation to IDEM, which substantiates all actions taken and costs incurred with respect to the SEP.

 

In the event that Respondent does not complete the SEP within One Hundred Eighty (180) days from the Effective Date of this Agreed Order, the full amount of the civil penalty as stated in this paragraph, plus interest established by IC 24-4.6-1-101 on the remaining amount, less the portion of the civil penalty Respondent has already paid, will be due within fifteen (15) days from Respondent's receipt of IDEM’s notice to pay.  Interest, at the rate established by IC 24-4.6-1-101, shall be calculated on the amount due from the date which is thirty (30) days after the Effective Date of this Agreed Order until the full civil penalty is paid.

 

6.         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

 

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 their status or responsibilities under this Agreed Order.

 

9.                  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.

 

10.             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.

 

11.             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 or any applicable Federal or State law or regulation.

 

12.             Complainant does not, by its approval of this Agreed Order, warrant or waver 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.

 

13.             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.

 

14.             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.

 

15.             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 Johnston, Section Chief

 

Printed:

 

 

Office of Enforcement

 

Title:

 

 

 

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

COUNSEL FOR COMPLAINANT:

 

COUNSEL FOR RESPONDENT:

For the Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

 

 

 

 

 

Deputy Attorney General

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2007.

 

 

For the Commissioner:

 

 

 

Signed on December 4, 2007

 

Robert B. Keene

 

Assistant Commissioner

 

Office of Legal Counsel and Enforcement