STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2010-19055-H
					)
JUPITER aLUMINUM cORPORATION,					)
					)
Respondent.					)

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 Jupiter Aluminum Corporation (“Respondent”), which owns and or /operates the company with United States Environmental Protection Agency (EPA) ID No. IND 006 052 278, located at 205 E Carey, in Fairland, Shelby 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 (NOV) to:

Dietrich M. Gross, President	Corporation Service Company
Jupiter Aluminum Corporation	Registered Agent
4825 N Scott Street Ste 200	Jupiter Aluminum Corporation
Schiller Park Il 60176	251 E Ohio Street Ste 200
	Indianapolis, IN 46204

5. Respondent most recently notified IDEM of Large Quantity Generator activities on February 22, 2010.

6. Jupiter Aluminum Corporation is an aluminum coating and fabrication company.

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 December 16, 2009, 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.

As noted during the December 16, 2009, inspection, Respondent did not make a proper hazardous waste determinations on the chromium waste.

Respondent submitted documentation on March 1, 2010, indicating that the chromium waste exceeded chromium level.

b. 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. A generator must designate on the manifest one facility which is permitted to handle the waste described on the manifest. A generator may designate an alternate facility to handle his waste in the event that an emergency prevents delivery of the waste to the primary designated facility.

As noted during the December 16, 2009, inspection, Respondent offered the chromium waste for transportation for off-site treatment, storage, or disposal without preparing a hazardous waste manifest. The shipments occurred from July 2009 until February 2010.

Respondent submitted documentation on March 1, 2010, indicating that a manifest is now used with each shipment of hazardous waste.

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.

As noted during the December 16, 2009, inspection, Respondent caused or allowed the transportation of chromium waste without a hazardous waste manifest as required by law.

Respondent submitted documentation on March 1, 2010, indicating that a manifest is now used with each shipment of hazardous waste.

e. 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.

As noted during the December 16, 2009, inspection, Respondent accumulated 2 (two) containers of hazardous waste located in the less than 90 days accumulation area without the accumulation start dates.

At the time of the inspection the violation was corrected.

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.

As noted during the December 16, 2009, inspection, Respondent’s satellite hazardous waste containers located in the Coaster Room and the Pump Cleaning Station were not labeled with either the words “Hazardous Waste” or with other words describing the contents.

At the time of the inspection the violations were corrected.

f. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.32, all facilities must be equipped with the following, unless none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below; (c) portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment.

As noted during the December 16, 2009, inspection, Respondent did not provide spill control equipment at or near the less than 90 day accumulation area.

Respondent submitted documentation on March 1, 2010, indicating that spill control equipment is provided at the 90 day accumulation area.

g. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.54, a facility’s contingency plan must be amended whenever applicable regulations are revised; the plan fails in an emergency; the facility changes its design, construction, or operation; or the list of emergency coordinators or emergency equipment changes.

As noted during the December 16, 2009, inspection, Respondent failed to amend the contingency plan to reflect the up to date list of emergency coordinators.

Jupiter has addressed this issue and has updated the Contingency Plan to include the name of the current emergency coordinator.

h. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(c), facility personnel must take part in an annual review of the initial training.

As noted during the December 16, 2009, inspection, Respondent did not provide an annual training for hazardous waste personnel.

Jupiter has since confirmed that appropriate training has been conducted.

i. Pursuant to 40 CFR 268.7(a), a generator must determine if a hazardous waste is restricted from land disposal and if the waste has to be treated before being land disposed.

As noted during the December 16, 2009 inspection, Respondent did not determine if the 28 shipments of D007 to Smithfield, Kentucky TSD were restricted from land disposal before they were shipped.

j. Pursuant to 40 CFR 268.7(a), with the initial shipment of waste to each treatment, storage, or disposal facility, a generator must send a one-time written notice to each facility receiving the waste and place a copy in the file.

As noted during the December 16, 2009, inspection, Respondent failed to provide the one-time written notice and place a copy in the file for the corrosive/chromium waste.

Respondent submitted documentation on March 1, 2010, indicating that the one-time written notice has been provided.

k. Pursuant to 329 IAC 3.1-16-2(a)(8) and 40 CFR 273.34(e), each lamp or a container or package in which such lamps are contained must be labeled or marked clearly with any one of the following phrases: “Universal Waste—Lamp(s),” or “Waste Lamp(s),” or “Used Lamp(s)” or with words that accurately identify the universal waste lamps.

As noted during the December 16, 2009, inspection, Respondent did not label the used fluorescent lamps.

At the time of the inspection the Respondent labeled the used fluorescent lamps.

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, Respondent shall ensure that a proper waste determination is being provided for all hazardous waste.

3. Upon the Effective Date, 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, Respondent shall comply with 40 CFR 262.34(a)(2). Specifically, Respondent shall not store hazardous waste on-site without the accumulation start dates.

5. Upon the Effective Date, Respondent shall comply with 40 CFR 262.34(c)(1)(ii). Specifically, Respondent shall ensure that all satellite accumulation containers are labeled properly.

6. Upon the Effective Date, Respondent shall comply with 40 CFR 265.32. Specifically, Respondent shall ensure spill control equipment is provided at or near the less than 90 day accumulation area.

7. Upon the Effective Date, Respondent shall comply with 40 CFR 268.7(a). Specifically, Respondent shall determine if hazardous waste is restricted from land disposal and determine if the hazardous waste has to be treated before being land disposed.

8. Upon the Effective Date, Respondent shall comply with 40 CFR 268.7(a). Specifically, Respondent shall ensure that a one–time written notice is provided and a copy placed in its file.

9. Upon the Effective Date, Respondent shall comply with 329 IAC 3.1-16-2(a)(8) and 40 CFR 273.34(e). Specifically, Respondent shall ensure all used fluorescent lamps are labeled.

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

Idelia Walker-Glover, Enforcement Case Manager

Office of Land Quality – Mail Code 60-02L

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

11. Respondent is assessed a civil penalty of Fourteen Thousand Four Hundred Dollars ($14,400). 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:

Indiana Department of Environmental Management

Cashier – Mail Code 50-10C

100 North Senate Avenue

Indianapolis, IN 46204-2251

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 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 Respondents 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.

21. This Agreed Order, and compliance with its terms, shall resolve all violations referenced in Section I, Findings of Fact, set forth above.

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management
By: _________________________				By: _________________________
	Nancy Johnston, Section Chief
	Enforcement Section			Printed: ______________________
Office of Land Quality
				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	____________________,	2011.
				For the Commissioner:
				Signed June 8, 2011
				Bruce H Palin
				Assistant Commissioner
				Office of Land Quality