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. 2010-19608-H
					)
CHIYODA USA 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 Chiyoda USA Corporation (“Respondent”), which owns and/or operates a facility with U.S. EPA I.D. number INR 000115253, located at 2200 SR 240 East in Greencastle, Putnam County, Indiana (the “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”) via Certified Mail to:

Michihiro Oe, President	Corporation System Corporation
Chiyoda USA Corporation	Registered Agent for
2200 SR 240	Chiyoda USA Corporation
Greencastle, IN 46135	251 E. Ohio Street, Ste. 500
	Indianapolis, IN 46204

5. Respondent last notified EPA of Large Quantity Generator activities on March 31, 2006.

6. Respondent manufactures and paints plastic injection mold parts for the automotive industry.

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 October 19, 2010, 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 inspection, Respondent did not make a hazardous waste determination on the contents (miscellaneous wastes) of one (1) 55-gallon drum located in the old warehouse, and did not make a proper hazardous waste determination on the contents (solvent contaminated rags, gloves, wipes, etc.) of a satellite container located outside the recycle room, both of which were solid waste(s) generated by Respondent. Employees stated that the solvent contaminated rags, gloves, wipes, etc. waste stream was being managed as general refuge, a non-hazardous waste, when in fact it is a hazardous waste.

Respondent presented information at a settlement conference between the two parties on May 17, 2011, indicating that both waste streams have been determined to be hazardous waste. Respondent also presented information indicating that Heritage Crystal Clean has been contracted to manage the removal of hazardous wastes and to maintain all hazardous waste accumulation areas to ensure proper handling.

b. Pursuant to 40 CFR 268.7, a generator of hazardous waste must determine if the waste has to be treated before it can be land disposed. With the initial shipment of hazardous waste to each treatment or storage facility, the generator must send a one-time written notice to each treatment or storage facility receiving the waste, and place a copy in the file. No further notification is necessary until such time that the waste or facility change, in which case a new notification must be sent and a copy placed in the generator’s file.

As noted during the inspection, Respondent did not have a land disposal restriction form for each hazardous waste stream generated.

c. 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.

As noted during the inspection, Respondent sent its solvent contaminated rags, gloves, wipes, etc. waste stream, a hazardous waste, to a transporter and treatment, storage, or disposal facility that did not have an EPA identification number.

d. Pursuant to 40 CFR 262.20, a generator who transports, or offers for transportation, hazardous waste for offsite 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 inspection, Respondent offered hazardous waste for transportation for off-site treatment, storage, or disposal without preparing a manifest.

e. 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 inspection, Respondent caused or allowed the transportation of a hazardous waste without a manifest as required by law.

f. 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 unless he has been granted an extension to the 90 day period.

As noted during the inspection, Respondent stored hazardous waste on-site for greater than 90 days without complying with 40 CFR Part 264 and 40 CFR Part 270. Sludge/solids that settle in containers and remain after liquids from the containers are placed into the solvent recycling unit are not removed before the containers are placed back into service as satellite accumulation containers. As a result, the sludge/solids are stored at the Site for greater than 90 days.

Respondent presented information at a settlement conference between the two parties on May 17, 2011, indicating that it has ceased storing the sludge/solids at the Site for greater than 90 days. Respondent also indicated that the area(s) where the illegal storage had taken place was on a concrete pad.

g. 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.

As noted during the inspection, Respondent stored hazardous waste identified or listed in 40 CFR Part 261 without a permit.

h. 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.

As noted during the inspection, Respondent operated a hazardous waste facility without having first obtained a permit from the department.

i. Pursuant to 329 IAC 3.1-1-10, every hazardous waste generator, transporter, or owner or operator of a hazardous waste facility shall notify the commissioner of its hazardous waste activity on the approved forms.

As noted during the inspection, Respondent failed to notify the Commissioner of hazardous waste storage activities.

j. 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 inspection, Respondent accumulated hazardous waste on-site, without a permit, and did not mark hazardous waste containers with accumulation start dates. Several containers located in the old warehouse and recycle room, which were accumulating hazardous waste before being placed into the solvent recovery system, were not marked with start of accumulation dates.

k. Pursuant to 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that, while being accumulated on-site, each container and tank is labeled or marked clearly with the words "Hazardous Waste."

As noted during the inspection, Respondent accumulated hazardous waste on-site, without a permit, and did not label or clearly mark hazardous waste containers with the words "Hazardous Waste." Several containers located in the old warehouse and recycle room, which were accumulating hazardous waste before being placed into the solvent recovery system, were not labeled or marked clearly with the words “Hazardous Waste.”

l. 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 inspection, Respondent accumulated hazardous waste in containers at or near the point of generation without a permit and did not properly mark multiple containers in the paint facility area, as well as one container used to collect solvent contaminated rags, gloves, wipes, etc. outside the recycle room, with either the words “Hazardous Waste” or with other words describing the contents.

m. Pursuant to 40 CFR 262.34(c)(1)(i) referencing 40 CFR 265.173(a), a container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste.

As noted during the inspection, Respondent accumulated hazardous waste in containers at or near the point of generation without a permit and did not keep multiple containers in the paint facility area, as well as one container used to collect solvent contaminated rags, gloves, wipes, etc. outside the recycle room, closed.

n. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.52, the content of the contingency plan must include the following: a description of appropriate actions, arrangements with local emergency response teams, contact information for the emergency coordinators, emergency equipment, and an evacuation plan.

As noted during the inspection, Respondent's contingency plan did not include all of the required information including, but not limited to, arrangements agreed to by State and local emergency response teams, primary and secondary evacuation routes, and the telephone number for the Putnam County Hospital.

o. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(d)(1-4), certain hazardous waste training related documents and records including job title, job descriptions, a description of the type and amount of required training, and completion documents with respect to the hazardous waste management training must be maintained on-site.

As noted during the inspection, Respondent did not maintain all of the required hazardous waste training related documents and records on-site including, but not limited to, a description detailing the type of training and covered topics.

p. Pursuant to 329 IAC 13-4-3(d), generators must label all used oil containers and aboveground tanks with the words “Used Oil.”

As noted during the inspection, Respondent did not label four (4) used oil containers with the words “Used Oil.”

q. Pursuant to 40 CFR 273.13, a handler of universal waste must contain wastes in containers that are in good condition, compatible with the waste, closed, and lack evidence of leakage.

As noted during the inspection, Respondent failed to keep containers holding universal waste lamps closed.

r. Pursuant to 329 IAC 3.1-16-2(4), each lamp or container or package in which universal waste lamps are contained must be labeled or marked clearly with the phrase "Universal Waste-Lamp(s)," or "Waste Lamp(s)," or "Used Lamp(s) or with other words that accurately identify the universal waste lamps.

As noted during the inspection, Respondent did not label one (1) box and two (2) containers being used to store spent fluorescent light bulbs as required.

9. On October 20, 2010, Respondent submitted documentation to IDEM via email indicating that it had labeled and closed the containers involved in the violations noted above. On November 5, 2010, Respondent submitted via email a copy of a training program attended by some of the people involved in hazardous waste management at the Site.

10. 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 the rules listed in the findings here and/or above at issue.

3. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 262.11. Specifically, Respondent shall ensure that proper waste determinations are made for all solid wastes generated at the Site.

4. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 268.7. Specifically, Respondent shall ensure maintenance at the Site of a land disposal restriction form for each hazardous waste stream generated.

5. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 262.12(c). Specifically, Respondent shall ensure that it does not offer its hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number.

6. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 262.20 and IC 13-30-2-1(12). Specifically, Respondent shall ensure that it does not cause or allow the transportation of a hazardous waste without a manifest.

7. Upon the Effective Date, Respondent shall ensure that hazardous waste, specifically the sludge/solids that remain in containers after liquids from the containers are placed into the solvent recycling unit, are not stored at the Site for greater than ninety days.

8. Within forty-five (45) days of the Effective Date of this Agreed Order, Respondent shall decontaminate the area(s) at the Site where sludge/solids were stored for greater than 90 days, as noted in Finding 8 f. above, hereinafter referred to as “the pad”, as follows:

a. remove all wastes from the pad and appropriately dispose;

b. mechanically clean the pad by scraping, sweeping, or other method, to remove all physical contamination;

c. inspect the pad for cracks. If cracks are detected, perform Item j. at this point;

d. wash the pad with a high pressure steam cleaner with detergent or appropriate solvent to remove the previously stored waste materials;

e. rinse the pad three (3) times with water;

f. collect the third (final) rinsate separately and analyze two (2) samples to show that the pad’s surface meets the cleanup levels. For inorganic and certain organic parameters, the cleanup levels of the rinsate will be based on the Maximum Contaminant Levels (MCLs) of the National Primary Drinking Water Regulations (40 CFR 141). For the organic parameters without MCLs, the cleanup levels of the rinsate will be based on the analytical methods’ Estimated Quantitation Limits (EQLs), as defined in SW-846. The analytical parameters will be based on wastes previously stored on the pad;

g. the decontamination procedure shall be repeated until the cleanup levels are met;

h. ensure that care is taken to prevent migration of cleaning liquids from the pad area;

i. collect and dispose of all residues and rinsates as hazardous waste unless the residues and rinsates are analyzed and determined to be non-hazardous;

j. sample the soil underlying any cracks found in the inspection to check for contamination. If no contamination is found, seal the cracks and proceed with Items d. through i. above;

k. if contamination is found, submit a hazardous waste closure plan within sixty (60) days to IDEM for approval for the container storage area in accordance with the provisions of 40 CFR 264 Subpart G, as incorporated by 329 IAC 3.1-9-1;

l. upon notice of approval of the closure plan by IDEM, implement the approved plan in accordance with the time frames contained therein.

9. Within fifteen (15) days of completing the decontamination required in Order 8, Respondent shall submit documentation, including sample results, that the decontamination has been completed to IDEM for review. Analytical results submitted to IDEM for review shall include signed chain-of-custody sheets, sampling dates, analysis dates, analytical methods used, MCLs, EQLs and quality control results. The quality assurance/quality control (QA/QC) results shall include initial and continuing calibration results, blank results, matrix duplicates, and matrix spike/matrix spike duplicate results.

10. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 262.34(a)(2). Specifically, Respondent shall ensure that each container accumulating hazardous waste, including those awaiting placement into the solvent recovery system, are clearly marked with the date when accumulation begins.

11. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 262.34(a)(3). Specifically, Respondent shall ensure that each container accumulating hazardous waste, including those awaiting placement into the solvent recovery system, are labeled or clearly marked with the words “Hazardous Waste.”

12. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 262.34(c)(1)(ii). Specifically, Respondent shall ensure that satellite accumulation containers are marked with either the words "Hazardous Waste" or with other words describing the contents.

13. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 262.34(c)(1)(i) referencing 40 CFR 265.173(a). Specifically, Respondent shall ensure that satellite accumulation containers are kept closed during storage, except when it is necessary to add or remove waste.

14. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 265.52. Specifically, Respondent shall submit a revised contingency plan to IDEM for approval which includes all of the required information including, but not limited to, arrangements made with arrangements agreed to by State and local emergency response teams, primary and secondary evacuation routes, and the telephone number for the Putnam County Hospital.

15. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 265.16. Specifically, Respondent shall ensure that hazardous waste training documents and records include a description detailing the type of training and covered topics.

16. Upon the Effective Date, Respondent shall ensure compliance with 329 IAC 13-4-3(d). Specifically, Respondent shall ensure that all used oil containers and aboveground tanks are labeled with the words “Used Oil.”

17. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 273.13. Specifically, Respondent shall ensure that containers holding universal waste lamps are kept closed.

18. Upon the Effective Date, Respondent shall ensure compliance with 329 IAC 3.1-16-2(4). Specifically, Respondent shall ensure that each lamp or container or package in which universal waste lamps are contained is marked with the phrase "Universal Waste-Lamp(s)," or "Waste Lamp(s)," or "Used Lamp(s) or with other words that accurately identify the universal waste lamps.

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

Brenda Lepter, Enforcement Case Manager

Office of Land Quality – Mail Code 60-02L

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

20. Respondent is assessed a civil penalty of Eighteen Thousand Two Hundred Dollars ($18,200). Said penalty amount shall be due and payable to the Environmental Management Special Fund in four quarterly installments of $4,550 each. The first installment shall be due on or before thirty (30) days of the Effective Date; the second installment shall be due on or before October 31, 2011; the third installment shall be due on or before January 31, 2012; and the final installment shall be due on or before April 30, 2012. In the event that the civil penalty is not paid according to the time frames found herein, 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.

21. In the event the terms and conditions of the following paragraphs are violated, Complainant may assess and Respondent shall pay a stipulated penalty in the following amount:

Failure to comply with Order paragraph No. 8	$500 per week
Failure to comply with Order paragraph No. 6	$500 per week
Failure to comply with Order paragraph No. 14	$500 per week

22. Stipulated penalties shall be due and payable within thirty (30) days after Respondent receives written notice that Complainant has determined a stipulated penalty is due. Assessment and payment of stipulated penalties shall not preclude Complainant from seeking any additional relief against Respondent for violation of this Agreed Order. In lieu of any of the stipulated penalties set out above, Complainant may seek any other remedies or sanctions available by virtue of Respondent’s violation of this Agreed Order or Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.

23. Civil and stipulated 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

24. 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.

25. 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.

26. 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.

27. 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.

28. 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.

29. 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.

30. 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.

31. 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
	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 on September 14, 2011
				Bruce H Palin
				Assistant Commissioner
				Office of Land Quality