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.

IMCO INC.,

Respondent.

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Case No. 2007-17057-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.

 

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 IMCO Inc. (“Respondent”), which operates the facility with United States Environmental Protection Agency (EPA) ID No. IND005420450, located at 1819 West Park Drive, in Huntington, Huntington 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 via Certified Mail to:

 

Raymond N. Meyers, CEO

Paul H. Abbott, Registered Agent for:

IMCO Inc.

IMCO Inc.

14730 Gateside Dr.

1819 West Park Drive

Ft. Wayne, IN 46804

Huntington, IN 46750

 

5.                  Respondent notified EPA of Small Quantity Generator activities on June 10, 2005.

 

6.                  IMCO Inc. produces custom molded rubber products used in industry.  The facility also bonds rubber to metals and plastics.

 

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 including an inspection on June 19, 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 hazardous waste determinations on three (3) 55-gallon containers and approximately 20-30 lbs. of solids from spent solvent accumulation containers, which were solid wastes generated by Respondent.  IDEM was notified by Respondent that the proper waste determinations were conducted immediately following the June 19, 2007 inspection.

 

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 its hazardous waste, approximately 20-30 lbs. of solids from spent solvent accumulations, to a transporter and disposal facility that did not have an EPA identification number.  The hazardous waste was sent to Green America Recycling.

 

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.

 

e.         Pursuant to 40 CFR 262.34(f), a generator who generates greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month and who accumulates hazardous waste for more than 180 days is an operator of a storage facility and is subject to the requirements of 40 CFR Part 264 and the permit requirements of 40 CFR Part 270.  Respondent stored one container of waste solvent, hazardous waste on-site for greater than 180 days without complying with 40 CFR Part 264 and 40 CFR Part 270.  IDEM received from Respondent documentation of the proper disposal of the hazardous waste.

 

f.          Pursuant to 40 CFR 270.1(c), a permit is required for the treatment, storage and disposal of any hazardous waste as identified or listed in 40 CFR Part 261.  Respondent stored hazardous waste identified or listed in 40 CFR Part 261 without a permit.

 

g.         Pursuant to IC 13-30-2-1(10), a person may not commence or engage in the operation of a hazardous waste facility without having first obtained a permit from the department.  Respondent operated a hazardous waste facility without having first obtained a permit from the department.

 

h.         Pursuant to 329 IAC 3.1-1-10, every hazardous waste generator, transporter, or owner or operator of a hazardous waste facility, must notify the Commissioner of its hazardous waste activity on the approved forms.  Respondent failed to notify the Commissioner of hazardous waste storage activities.

 

i.          Pursuant to 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 180 days or less without a permit, provided that the date when the accumulation begins is clearly marked and visible for inspection on each container.  Respondent accumulated hazardous waste on-site, without a permit, and failed to clearly mark hazardous waste containers with accumulation start dates.

 

j.          Pursuant to 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for 180 days or less without a permit, provided that the containers are marked with the words "Hazardous Waste."  Respondent accumulated hazardous waste on-site, without a permit, and failed to mark hazardous waste containers with the words "Hazardous Waste."

 

k.         Pursuant to 40 CFR 262.34(c)(1)(ii), a generator may accumulate as much as 55 gallons of hazardous waste in containers at or near the point of generation without a permit and without complying with 40 CFR 262.34(a), provided that the containers are marked with either the words "Hazardous Waste" or with other words describing the contents.  Respondent accumulated hazardous waste in containers at or near the point of generation without a permit and did not properly mark satellite accumulation containers with either the words “Hazardous Waste” or with other words describing the contents.

 

l.          Pursuant to 329 IAC 13-4-3(d), generators must label all used oil containers and aboveground tanks with the words “Used Oil.”  Respondent did not label a used oil tank with the words “Used Oil.”

 

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 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.

 

3.                  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.

 

4.                  Upon the Effective Date of this Agreed Order, Respondent shall ensure that hazardous waste is not stored greater than One Hundred Eighty (180) days without complying with 40 CFR 264, 40 CFR 270, IC 13-30-2-1(10), and 329 IAC 3.1-1-10.

 

5.                  Upon the Effective Date of the Order, Respondent shall comply with 40 CFR 262.34(a)(2) and 40 CFR 262.34(a)(3).  Specifically, Respondent shall ensure that all containers of hazardous waste are marked with accumulation start dates and with the words "Hazardous Waste."

 

6.                  Upon the Effective Date of the Order, Respondent shall comply with 40 CFR 262.34(c)(1)(ii).  Specifically, Respondent shall ensure that all satellite accumulation containers are labeled with the words "Hazardous Waste" or other words describing the contents.

 

7.                  Upon the Effective Date of this Agreed Order, Respondent shall comply with 329 IAC 13-4-3(d).  Specifically, Respondent shall ensure that all containers and aboveground tanks used to store or process used oil are marked with the words "Used Oil."

 

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

 

Deirdre Wyatt, Enforcement Case Manager

Office of Enforcement – Mail Code 60-02

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

9.                  Respondent is assessed a civil penalty of Eight Thousand Dollars ($8,000).  Said penalty amount shall be payable in four (4) equal installments.  The first installment of Two Thousand Dollars ($2,000) shall be due within thirty (30) days of the Effective Date of this Agreed Order.  All subsequent installments of the same amount ($2,000) shall be due within ninety (90) days of the preceding on-time installment until the penalty is paid in full.  In the event that the civil penalty is not paid as described, 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.

 

10.             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

 

11.             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.

 

12.             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.

 

13.             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.

 

14.             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.

 

15.             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.

 

16.             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.

 

17.             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.

 

18.             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

 

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

 

, 2008.

 

 

For the Commissioner:

 

 

 

Signed on January 18, 2008

 

Robert B. Keene

 

Assistant Commissioner

 

Office of Legal Counsel and Enforcement