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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. 2009-18821-H |
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Methodist Health Group,
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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 Methodist Health Group, Inc. (“Respondent”), which owns and/or operates the
facility with United States Environmental Protection Agency (EPA) ID No. IND052952090,
located at
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 (NOV) via Certified Mail to:
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Mr. Daniel F. Evans, Jr.,
President |
Mr. Norman G. Tabler, Jr.,
Registered Agent |
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Methodist Health Group, Inc. |
Methodist Health Group, Inc. |
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5.
Respondent
notified EPA of Large Quantity Generator activities on April 7, 2009.
6.
Respondent
is a Non-Profit Domestic Corporation (Hospital).
7.
329
IAC 3.1 incorporates certain federal hazardous waste management requirements
found in 40 CFR Parts 260 through 270, and Part 273 including these identified
below.
8.
During
an investigation, including an inspection on September 14, 2009 conducted by a
representative of IDEM, the following violations were found:
a. Pursuant
to 40 CFR 262.34(b), a generator who accumulates hazardous waste for more than
90 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 90 days without complying with 40 CFR Part 264 and 40 CFR Part
270. Specifically, three (3) 55-gallon
containers of crushed fluorescent bulbs in the Mechanic Shop were stored
greater than 90 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 the department. Respondent
operated a hazardous waste facility without having first obtained a permit from
the department.
c. 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.
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 hazardous waste determinations on two (2) small unlabeled containers in
the Main Accumulation Area, which contained solid wastes generated by
Respondent.
Respondent
completed hazardous waste determination on the two (2) containers on or before
September 15, 2009.
e. Pursuant
to 40 CFR 262.34(a)(1)(i) and 40 CFR 262.34(c)(1)(i) referencing 40 CFR
265.173(a), a container holding hazardous waste must always be closed during
storage, unless necessary to add or remove waste. Respondent did not store one (1) 55-gallon
container and three (3) 30-gallon satellite accumulation containers of
hazardous waste closed.
Respondent
closed the containers as required on September 14, 2009.
f. Pursuant
to 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for
90 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 did not mark hazardous waste containers with
accumulation start dates. Specifically,
two (2) 30-gallon containers, three (3) 18-gallon containers, two (2) small containers,
four (4) 55-gallon containers and two (2) 1-gallon containers of hazardous
waste were not marked with accumulation start dates.
Respondent
properly marked two (2) 30-gallon containers and three (3) 18-gallon containers
with the accumulation start date on September 14, 2009.
g. Pursuant
to 40 CFR 262.34(a)(3) and 40 CFR 262.34(c)(1)(ii), a generator may accumulate
hazardous waste on-site for 90 days or less without a permit, provided that
containers are labeled or marked clearly with the words "Hazardous
Waste." Respondent accumulated
hazardous waste on-site, without a permit, and did not label or clearly mark
hazardous waste containers with the words "Hazardous Waste." Specifically, two (2) 30-gallon containers,
eleven (11) 1-gallon containers, two (2) small containers, four (4) 55-gallon
containers and one (1) 55-gallon satellite accumulation container were not
labeled or clearly marked with the words “Hazardous Waste.”
Respondent
properly labeled two (2) 30-gallon containers and eleven (11) 1-gallon
containers with the words “Hazardous Waste” on September 14, 2009.
h. Pursuant
to 40 CFR 273.34(d)(1), mercury-containing equipment or a container in which
the equipment is contained must be labeled or marked clearly with any of the
following phrases: “Universal Waste – Mercury Containing Equipment,” “Waste
Mercury- Containing Equipment,” or “Used Mercury-Containing Equipment.” Respondent did not label one (1) 5-gallon
container of mercury-containing equipment as required.
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(b).
Specifically, Respondent shall not store hazardous waste on-site for
greater than 90 days without complying with 40 CFR 264 and the permit
requirements of 40 CFR 270.
5. Respondent
shall comply with 40 CFR 262.11.
Specifically, Respondent shall ensure waste generated at the Site is
properly characterized.
6. Upon
the Effective Date of this Agreed Order, Respondent shall ensure compliance
with 40 CFR 262.34(a)(1)(i) and 40 CFR 262.34(c)(1)(i) referencing 40 CFR
265.173(a). Specifically, Respondent
shall ensure that each container holding hazardous waste is kept closed during
storage, unless necessary to add or remove waste.
7.
Upon
the Effective Date of this Agreed Order, Respondent shall ensure compliance
with 40 CFR 262.34(a)(3) and 40 CFR 262.34(c)(1)(ii). Specifically, Respondent shall ensure that
each hazardous waste container is labeled or marked clearly with the words
"Hazardous Waste."
8. Upon
the Effective Date of this Agreed Order, Respondent shall ensure compliance
with 40 CFR 262.34(a)(2). Specifically, Respondent
shall ensure that the date when the accumulation begins is clearly marked and visible
for inspection on each hazardous waste container.
9. Upon
the Effective Date of this Agreed Order, Respondent shall ensure compliance
with 329 IAC 3.1-1-16-1 referencing 40 CFR 273.34(d)(1). Specifically, Respondent shall ensure that
each universal waste container is labeled or marked clearly with the required
wording.
10.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
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Linda L. McClure, Enforcement Case
Manager |
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Office of Land Quality – Mail Code
60-02L |
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Indiana Department of
Environmental Management |
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11.
Respondent
is assessed a civil penalty of Five Thousand Eight Hundred and Seventy-Five Dollars
($5,875). 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.
12.
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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13.
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.
14.
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.
15.
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.
16.
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.
17.
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.
18.
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.
19.
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.
20.
This
Agreed Order shall remain in effect until IDEM issues a Resolution of Case
letter to Respondent.
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Department of Environmental Management |
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By: _________________________ |
By:
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Nancy Johnston, Section
Chief |
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Enforcement Section |
Printed: ______________________ |
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Office of Land Quality |
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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
1/27/10 |
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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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