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. 2011-20552-H |
|||
DOVER FLUID MANAGEMENT, INC., |
|
) |
|
||||
D.B.A. COOK COMPRESSION, |
|
) |
|
||||
|
|
) |
|
||||
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 Dover Fluid Management,
Inc., d.b.a. Cook Compression (“Respondent”), which owns and/or operates the facility
with United States Environmental Protection Agency (“EPA”) ID No. INR 000127084, located at 2540 Centennial Blvd., Jeffersonville,
Clark 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:
William
Spurgeon, President |
Corporation
Service Company |
Dover
Fluid Management, Inc., |
Registered
Agent for |
d.b.a.
Cook Compression |
Dover
Fluid Management, Inc, d.b.a. Cook Compression |
1100 W.
31st Street, Suite 520 |
251 E.
Ohio Street, Suite 500 |
Downers
Grove, IL 60515 |
Indianapolis,
IN 46204 |
5. Respondent last notified the U.S. EPA
of Large Quantity Generator hazardous waste activities on March 3, 2011.
6. Respondent manufactures small metal and
plastic parts for the natural gas and petrochemical 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 18, 2011, conducted by representatives of IDEM, the
following violations were found:
a.
Pursuant
to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.192(a), a generator with a
new tank system must have a written assessment certified by an independent,
qualified, registered, professional engineer in accordance with 40 CFR
270.11(d) attesting that the system has sufficient structural integrity. As noted during the inspection, Respondent
did not provide the required written assessment for a tank system consisting of
an evaporator and three (3) 250-gallon tanks located in the coolant room, which
was being used to accumulate hazardous waste.
After the inspection, it was determined that the evaporator is not part of
the tank system. Respondent has taken
the three (3) 250-gallon tanks out of service and has replaced them with one
(1) tank used to feed the evaporator (“feed tank”).
b.
Pursuant
to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.194(b), a generator must use
appropriate controls and practices, such as level sensing devises, high level
alarms, and feed cut-offs, to prevent spills and overflows from tank or
secondary containment systems.
As noted during the
inspection, Respondent did not provide adequate overfill protection for the
tank system consisting of an evaporator and three (3) 250-gallon tanks being
used to accumulate hazardous waste and/or its secondary containment system.
c.
Pursuant
to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.195,
a generator must inspect tank systems once each operating day. Generators of tank systems that either use
leak detection equipment to alert facility personnel to leaks, or implement
established workplace practices to ensure leaks are promptly identified, must
inspect tank systems at least weekly.
Use of the alternate inspection schedule must be documented.
As noted during the
inspection, Respondent did not conduct the required inspections for the tank
system consisting of an evaporator and three (3) 250-gallon tanks located in
the coolant room, which was being used to accumulate hazardous waste.
d.
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 five (5) 55-gallon drums holding hazardous waste located in
the coolant room with accumulation start dates.
e. 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 three (3) 55-gallon drums and four (4) tanks,
all located in the coolant room, with the words "Hazardous Waste."
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. Within forty five (45) days of the
Effective Date, Respondent shall provide IDEM with documentation demonstrating
that the feed tank complies with all applicable requirements of 40 CFR 265,
Subpart J including, but not limited to, the following:
a) compliance with 40 CFR 265.192, by
providing to IDEM a written assessment certified by an independent, qualified,
registered, professional engineer in accordance with 40 CFR 270.11(d) attesting
that the system has sufficient structural integrity;
b) compliance with 40 CFR 265.193, by
providing to IDEM documentation demonstrating that the secondary containment
for the tank system meets the requirements of 40 CFR 265.193;
c) compliance with 40 CFR 265.194(b), by
providing to IDEM documentation demonstrating that it has provided adequate overfill
protection for the tank and its secondary containment system; and
d) compliance
with 40 CFR 265.195, by providing to IDEM documentation demonstrating that
inspections are being conducted pursuant to 40 CFR 265.195.
4. 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 is provided with a start of
accumulation date.
5. Upon the Effective Date, Respondent
shall ensure compliance with 40 CFR 262.34(a)(3). Specifically, Respondent shall ensue that
each container and tank accumulating hazardous waste is provided with the words
“Hazardous Waste.”
6. 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 |
7. Respondent is assessed a civil penalty
of Eight Thousand Two Hundred Dollars ($8,200).
Within thirty (30) days of the Effective Date of the Agreed Order,
Respondent shall pay a portion of this penalty in the amount of Three Thousand
Four Hundred and Twenty Two Dollars ($3,422).
Said penalty amount shall be due and payable to the Environmental
Management Special Fund. In lieu of
payment of the remaining civil penalty, Respondent shall perform and complete a
Supplemental Environmental Project (“SEP”).
Respondent estimates that this SEP will cost Nine Thousand Five Hundred
and Fifty Five ($9,555). Within ten (10)
days of completing this SEP, Respondent shall submit written notice and
documentation to IDEM which substantiates all actions taken and costs incurred
with respect to the SEP. In the event
that the cost of the SEP is less than $9,555, Respondent shall pay fifty
percent (50%) of the difference between the proposed cost of the SEP ($9,555) and
the actual cost of the SEP.
As a Supplemental
Environmental Project, Respondent shall perform a pollution reduction project
by reducing the overall generation of hazardous waste generated at the facility
from modifying its process(es) to identify and
segregate machines that process leaded bronze.
Only the machines that process leaded bronze lead to the generation of
hazardous waste. By segregating the
machines and thereby the waste streams, Respondent estimates that
implementation of this SEP will result in the generation and disposal of 17,600
less pounds of hazardous waste per year, a thirty (30) percent reduction.
In the event that
Respondent does not complete the SEP by July 1, 2012, the full amount of the
civil penalty as stated in this paragraph, plus interest established by IC
24-4.6-1-101 on the remaining amount, less the portion of the civil penalty
Respondent has already paid, will be due within fifteen (15) days from
Respondent's receipt of IDEM’s notice to pay.
Interest, at the rate established by IC 24-4.6-1-101, shall be
calculated on the amount due from the date which is thirty (30) days after the
Effective Date of this Agreed Order until the full civil penalty is paid.
8. 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. 3 |
$1,000 per
week. |
9. Stipulated penalties shall be due and
payable no later than the 30th day after Respondent receives written
notice that Complainant has determined a stipulated penalty is due; the 30th
day being the “Due Date”. Complainant
may notify Respondent at any time that a stipulated penalty is due. Failure to notify Respondent in writing in a
timely manner of stipulated penalty assessment shall not waive Complainant’s
right to collect such stipulated penalty or preclude Complainant from seeking
additional relief against Respondent for violation of this Agreed Order. Neither assessment nor payment of stipulated
penalties shall preclude Complainant from seeking additional relief against Respondent
for a violation of this Agreed Order; such additional relief includes any
remedies or sanctions available pursuant to Indiana law, including, but not
limited to, civil penalties pursuant to IC 13-30-4.
10. 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 |
11. 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 10, above.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. This Agreed Order shall remain in effect
until IDEM issues a Resolution of Case letter to 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 |
________________________, |
2012. |
|
|
|||||
|
For
the Commissioner: |
||||
|
|
||||
|
Signed
on June 29, 2012 |
||||
|
Bruce H Palin |
||||
|
Assistant
Commissioner |
||||
|
Office
of Land Quality |
||||