STATE OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT OF |
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COUNTY OF MARION |
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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. 2011-20290-H |
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ALCOA, INC., |
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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.
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 Alcoa, Inc.
(“Respondent”), which owns and/or operates the facility with United States
Environmental Protection Agency (“EPA”) ID No. IND 006366819, located at 4000
State Road 66, Newburgh, Warrick 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:
Klaus Kleinfeld, President |
CT
Corporation System, Registered Agent |
Alcoa,
Inc. |
Alcoa,
Inc. |
390 Park
Avenue |
251 E.
Ohio St., Ste. 100 |
New
York, NY 10022 |
Indianapolis,
IN 46204 |
5. Respondent last notified the U.S. EPA
of Large Quantity Generator hazardous waste activities on June 5, 2008.
6. Respondent is an integrated aluminum
smelting, casting, and finishing facility that produces coiled aluminum sheet
used in producing food and beverage containers.
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 June 8 & 9, 2011 and a record review on July 26, 2011,
conducted by representatives 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 hazardous waste determinations on the
contents of two (2) 30-gallon drums, which were solid wastes generated by
Respondent. The drums were located
outside of the gate at Building 847.
Respondent presented
information at a conference between the two parties on November 9, 2011,
indicating that the two drums contained paint wastes and have been transported
off-site for proper disposal. A copy of
the manifest was submitted to IDEM on November 10, 2011.
b. 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 a rotary furnace baghouse dust accumulation roll-off with an
accumulation start date.
Respondent corrected
this violation at the time of the inspection.
Respondent presented
information at a conference between the two parties on November 9, 2011,
indicating that the date had been provided with a dry eraser marker and that it
had faded.
c. Pursuant to 40 CFR 262.34(a)(1)(i)
referencing 40 CFR 265.171, if a container holding hazardous waste is not in
good condition, or if it begins to leak, the generator must transfer the hazardous
waste from this container to a container that is in good condition.
As noted during the
inspection, Respondent stored hazardous waste in containers that were not in
good condition. Specifically, four (4)
55-gallon drums located outside of Building 847 were leaking, and the contents
had not been transferred to containers in good condition. Solidified hazardous waste had dripped from
the outside of the containers onto the wooden pallet and concrete ground around
the vicinity of the drums.
Respondent isolated
and identified the drums for overpacking during the inspection.
Respondent presented
information at a conference between the two parties on November 9, 2011,
indicating that it believed that the drippage had come from material falling
from shovels during cleanup of the area.
The area was cleaned up at the time of the inspection and the drums were
sent off-site on June 10, 2011. The
manifest was provided to IDEM on November 10, 2011.
d. Pursuant to 40 CFR 262.34(a)(4)
referencing 40 CFR 265.31, facilities must be maintained and operated to
minimize the possibility of a fire, explosion, or any unplanned sudden or
non-sudden release of hazardous waste or hazardous waste constituents to air,
soil, or surface water which could threaten human health or the environment.
As noted during the
inspection, Respondent failed to properly maintain the facility to minimize a
release to the environment at the following three (3) areas: (1) outside of Building 847 where hazardous
waste was observed on the sides of drums, on concrete, and on the wooden pallet
where drums are accumulated; (2) at Coating Line 2 (CCL2), where a thick
liquid-like blend of solvent coating was observed on the concrete floor around
the operator side of the Top Coater Head of CCL2; and (3) at Coating Line 3
(CCL3) where a thick solidified blend of solvent coating on the concrete floor
of the idle coating line was observed on the operator side of the Top Coater
Head of CCL3.
Respondent presented
information at a conference between the two parties on November 9, 2011,
indicating that the area outside Building 847 was cleaned up at the time of the
inspection and that the other two areas (CCL2 and CCL3) have been fully cleaned
and that capture pans have been installed at each line. Respondent also indicated that the coating
lines are in a contained building with a polymer coated floor.
e. Pursuant to 40 CFR 262.34(a)(iv)
referencing 40 CFR 265.1101(d)(1), for a containment building that contains
both areas with and without secondary containment, the owner or operator must
design and operate each area in accordance with the requirements enumerated in
paragraphs (a) through (c) of this section.
Pursuant to 40 CFR 265.1101(a), all containment buildings must comply
with certain design standards including, but not limited to, the containment
building must be completely enclosed with a floor, walls, and a roof to prevent
exposure to the elements and to ensure containment of managed wastes.
As noted during the
inspection, Respondent failed to properly operate Containment building
136. Specifically, Respondent had not
maintained the east side of the Containment building 136 wall to be free of
significant gaps and cracks that could cause hazardous waste K088 to be
released from the primary barrier and into the environment. An incident had occurred in which heavy
equipment bumped into pole barriers at the east side of the Containment
building, causing damage including a significant gap to the outside of the
building between the floor and wall of the building. This created a potential route of entry for
hazardous waste to escape the building into the environment.
Respondent presented
information at a conference between the two parties on November 9, 2011,
indicating that the incident occurred early in the morning of June 6, 2011,
operations were suspended upon discovery of the incident, and repairs were
completed on June 10, 2011. Respondent
also indicated that the building’s air control system that is in operation 24
hours per day would have minimized or negated any material from leaving the
building.
f. Pursuant to 40 CFR 262.34(a)(iv)
referencing 40 CFR 265.1101(c)(3), throughout the active life of the
Containment building, if the owner or operator detects a condition that could
lead to or has caused a release of hazardous waste, the owner or operator must repair
the condition promptly.
As noted during the
inspection and record review, Respondent failed to promptly repair the
Containment building following the detection of a condition that could lead to
a release of hazardous waste.
Respondent presented
information at a conference between the two parties on November 9, 2011,
indicating that the incident occurred on June 6, 2011 and that the repairs were
completed on June 10, 2011.
g. Pursuant to 40 CFR 273.15(c), a small
quantity generator of universal waste who accumulates universal waste must be
able to demonstrate the length of time that the universal waste has been
accumulated from the date it becomes a waste or is received.
As noted during the
inspection, Respondent was unable to demonstrate the length of time that two
(2) containers accumulating universal waste spent fluorescent bulbs had been
accumulated.
Respondent corrected
the violation at the time of the inspection.
Respondent has
initiated a new procedure to ensure that the dates are placed on the containers
from the time the container is put into service, and weekly inspection are
being performed.
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 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 a hazardous waste
determination is made on all solid wastes generated at the Site.
4. Upon the Effective Date, 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 container accumulating hazardous waste.
5. Upon the Effective Date, Respondent
shall ensure compliance with 40 CFR 265.171.
Specifically, if a container holding hazardous waste is not in good
condition, or if it begins to leak, Respondent shall ensure that contents are
transferred from this container to a container that is in good condition.
6. Upon the Effective Date, Respondent
shall ensure compliance with 40 CFR 265.31.
Specifically, Respondent shall ensure that the facility is maintained
and operated to minimize the possibility of a fire, explosion, or any unplanned
sudden or non-sudden release of hazardous waste or hazardous waste constituents
to air, soil, or surface water which could threaten human health or the
environment.
7. Upon the Effective Date, Respondent
shall ensure compliance with 40 CFR 265.1101(a). Specifically, Respondent shall ensure that
the Containment building remains completely enclosed with a floor, walls, and a
roof to prevent exposure to the elements and to ensure containment of managed
wastes.
8. Upon the Effective Date, Respondent
shall ensure compliance with 40 CFR 265.1101(c)(3). Specifically, Respondent shall ensure that
throughout the active life of the Containment building, if a condition is
detected that could lead to or has caused a release of hazardous waste, the condition will be promptly repaired.
9. Upon the Effective Date, Respondent
shall ensure compliance with 40 CFR 273.15(c).
Specifically, Respondent shall ensure that it is able to demonstrate the
length of time that
universal waste has been accumulated from the date it becomes a
waste or is received.
10. 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 |
11. Respondent is assessed and agrees to pay a
civil penalty of Nine Thousand Six Hundred Dollars ($9,600). Said penalty amount shall be due and payable
to the Environmental Management Special Fund within thirty (30) days of the
Effective Date; the 30th day being the “Due Date”.
12. The civil penalty is 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. In the event that the monies due to IDEM
pursuant to this Agreed Order are not paid on or before their Due Date,
Respondent shall pay interest on the unpaid balance at the rate established by
IC 24-4.6-1. The interest shall be
computed as having accrued from the Due Date until the date that Respondent
pays any unpaid balance. Such interest
shall be payable to the Environmental Management Special Fund, and shall be
payable to IDEM in the manner specified in Paragraph 12, above.
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.
TECHNICAL RECOMMENDATION: |
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
on January 19, 2012 |
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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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