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ENVIRONMENTAL MANAGEMENT |
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COMMISSIONER OF THE DEPARTMENT |
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OF ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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Case No. 2009-18729-H |
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Woodcrest Manufacturing,
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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.
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 Woodcrest Manufacturing, Inc. (“Respondent”), which owns/operates a
furniture manufacturing facility with EPA ID No. IND 985085919 located at
3.
IDEM
has jurisdiction over the parties and the subject matter of this action.
4.
Pursuant
to IC 13-30-3-3, on December 11, 2009, IDEM issued a Notice of Violation (“NOV”)
via Certified Mail to:
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Mr.
Walter B. Woodhams, President and Registered Agent |
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Woodcrest
Manufacturing, Inc. |
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5.
Respondent
notified EPA of Small Quantity Generator activities on June 7, 2010.
6.
Respondent
manufactures furniture to include finishing, assembly and mattress fabrication.
7.
329
8.
During
an investigation, including an inspection conducted on August 6, 2009, by a representative
of IDEM, the following violations were found:
a.
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 hazardous waste
on-site for greater than 180 days without complying with 40 CFR Part 264 and 40
CFR Part 270. Specifically, Respondent
stored two (2) 55-gallon containers of hazardous waste in the Chemical Storage
Room for greater than 180 days.
b. Pursuant
to IC 13-30-2-1(10) and 40 CFR 270.1(c), a person may not commence or engage in
the operation of a hazardous waste facility without having first obtained a
permit from IDEM. Respondent engaged in
the operation of a hazardous waste facility without having first obtained a
permit.
c. Pursuant
to 329 IAC 3.1-1-10, every hazardous waste generator, transporter, or owner or
operator of a hazardous waste storage facility shall notify the Commissioner of
such activities on forms provided by the Commissioner. Respondent failed to notify the Commissioner
prior to becoming a hazardous waste storage facility.
d. Pursuant
to 40 CFR 262.11, a person who generates a solid waste must determine if that
waste is hazardous. Respondent did not
make a hazardous waste determination on the spent Safety Kleen 105 solvent and
on the spent sealer and topcoat equipment cleaning solvent.
Respondent conducted the required
hazardous waste determination on or around January 15, 2010.
e. Pursuant
to 40 CFR 262.34(c)(1)(i) and referencing 40 CFR 265.173(a), 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 closed during storage except when
it is necessary to add or remove waste. Respondent
accumulated hazardous waste in containers at or near the point of generation
without a permit and did not keep closed two (2) 5-gallon containers of topcoat
and sealer “overage” at the line pumps in the Chemical Storage Room.
Respondent closed the containers at
the time of the inspection.
f. 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 mark two (2) 5-gallon containers of topcoat and
sealer “overage” at the line pumps in the Chemical Storage Room with either the
words “Hazardous Waste” or with other words describing the contents.
Respondent properly marked the two
(2) 5-gallon containers of topcoat and sealer “overage” at the line pumps in
the Chemical Storage Room with either the words “Hazardous Waste” or with other
words describing the contents on August 12, 2009.
g. 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 mark an estimated ten (10) 55-gallon hazardous waste containers in
the Chemical Storage Room with the accumulation start date.
Respondent properly marked the estimated
ten (10) 55-gallon hazardous waste containers in the Chemical Storage Room with
the accumulation start date on August 12, 2009.
h. 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 an estimated nine
(9) 55-gallon hazardous waste containers in the Chemical Storage Room with the
words "Hazardous Waste."
Respondent properly marked the estimated
nine (9) 55-gallon hazardous waste containers in the Chemical Storage Room with
either the words “Hazardous Waste” or with other words describing the contents
on August 12, 2009.
i. Pursuant
to 40 CFR 262.34(a)(4) referencing 40 CFR 265.35, a generator must maintain
adequate aisle space to allow the unobstructed movement of personnel, fire
protection, spill control, and decontamination equipment. Respondent failed to provide the required
aisle space in the Chemical Storage Room.
Respondent established adequate
aisle space in the Chemical Storage Room on August 12, 2009.
j. Pursuant
to 40 CFR 262.34(d)(2) referencing 40 CFR 265.174, a generator must conduct
weekly inspections of container storage areas and containment areas. Respondent failed to conduct weekly inspections
of Chemical Storage Room.
Respondent initiated weekly
inspection of the Chemical Storage Room on August 12, 2009.
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.
Respondent
shall comply with statutes and rules listed in the findings here and/or above
at issue.
3. Respondent
shall comply with 40 CFR 270.1(c) and IC 13-30-2-1(10). Specifically, Respondent shall not store
hazardous waste without a Permit.
4. Respondent
shall comply with 40 CFR 262.34(f).
Specifically, Respondent shall not store hazardous waste on-site for
greater than 180 days without complying with 40 CFR 264 and 40 CFR 270.
5. Respondent
shall comply with 329 IAC 3.1-1-10. Specifically,
Respondent shall notify the Commissioner of its hazardous waste activity on
approved forms.
6. Respondent
shall comply with 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(2). Specifically, Respondent shall label all
hazardous waste containers with the accumulation start date.
7. Respondent
shall comply with 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(3). Specifically, Respondent shall label all
hazardous waste containers with the words “Hazardous Waste.”
8. Respondent
shall comply with 40 CFR 262.34(c)(1)(i) referencing 40 CFR 265.173(a). Specifically, Respondent shall ensure all satellite
accumulation hazardous waste containers remain closed during storage, unless
necessary to add or remove waste.
9. Respondent
shall comply with 40 CFR 262.34(a)(4) referencing 40 CFR 265.35. Specifically, Respondent shall provide
adequate aisle space in all hazardous waste container storage areas.
10. Respondent
shall comply with 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.174. Specifically, Respondent shall conduct weekly
inspections of all hazardous waste container storage areas.
11. Respondent
shall comply with 40 CFR 262.34(c)(1)(ii).
Specifically, Respondent shall label all satellite accumulation hazardous
waste containers with either the words "Hazardous Waste" or with
other words describing the contents.
12. Respondent
is assessed a civil penalty of Eleven Thousand Eight Hundred Dollars ($11,800). 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.
13. 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:
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Indiana Department of Environmental
Management |
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Cashier – Mail Code 50-10C |
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14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. This
Agreed Order shall remain in effect until IDEM issues a Resolution of Case
letter to Respondent.
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TECHNICAL RECOMMENDATION: |
RESPONDENT: |
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Department of Environmental Management |
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By: _________________________ |
By:
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Nancy L. Johnston, Section
Chief |
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Office of Land Quality |
Printed: ______________________ |
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Enforcement Section |
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Title: ________________________ |
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Date: __________________ |
Date: _______________________ |
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COUNSEL FOR COMPLAINANT: |
COUNSEL FOR RESPONDENT: |
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For the Department of Environmental Management |
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By: ________________________ |
By: ________________________ |
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Deputy Attorney General |
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Date: _______________________ |
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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For the Commissioner: |
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Signed September 10, 2010 |
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Bruce
H Palin |
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Assistant Commissioner |
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Office of Land Quality |
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