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. 2012-20784-H
					)
PARSON ADHESIVES INC.,					)
					)
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 Parson Adhesives Inc. “Respondent”, which owns and/or operates a facility with United States Environmental Protection Agency (EPA) ID No. INR000005041, located at 2545 Eastside Park Drive, Evansville, Vanderburgh 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) on May 16, 2012 via Certified Mail to:

Pranav Shah, Registered Agent for	Pranav Shah, President
Parson Adhesives Inc.	Parson Adhesives Inc.
2545 Eastside Drive	102112 Marquette Street
Evansville, Indiana 47715	Newburg, Indiana 47630
Chetan Parekh, President
Parson Adhesives Inc.
3345 Auburn Road
Rochester Hills, Michigan 48309

5. Respondent last notified EPA and IDEM of Small Quantity Generator activities on October 14, 2010.

6. Respondent manufactures five different categories of adhesives and glues. Waste acetone (D001 and F003) is generated from manufacturing operations.

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. Respondent’s entry into the terms of this Agreed Order does not constitute an admission of any violation contained therein.

9. During an investigation, including an inspection, on November 30, 2011, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 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 approximately 15 55-gallon containers and 20 5-gallon containers of unknown materials located outside, all of which were solid waste(s) generated by the Respondent. Subsequent to the inspection, 6 55-gallon containers located outside were determined to contain waste acetone.

b. Pursuant to 262.34(f), a generator who generates greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month and who accumulates hazardous waste for more than 180 days is an operator of a storage facility and is subject to the requirements of 40 CFR 264 and the permit requirements of 40 CFR Part 270 unless he has been granted an extension to the 180 day period.

As noted during the inspection, Respondent stored hazardous waste without complying with 40 CFR Part 264 and 40 CFR Part 270. Fifteen 55-gallon containers and 20 5-gallon containers of unknown material may contain hazardous waste. Subsequent to the inspection, 6 55-gallon containers were determined to contain waste acetone, a hazardous waste. Other containers of unknown material are pending waste determinations per Violation No. 8.a. above. These containers are located outside on asphalt.

c. 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 261.

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

d. 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.

e. 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.

f. 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 inspection, Respondent failed to provide the one-time written notice and place a copy in the file.

g. Pursuant to 40 CFR 262.23(a)(3) and 40 CFR 262.40(a), the generator must retain copies of hazardous waste manifests for a period of three (3) years from the date of receipt of the hazardous waste by the designated facility.

As noted during the inspection, Respondent failed to retain copies of manifests for the required 3 year period.

h. 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 waste acetone in one 55-gallon container at or near the point of generation located in Building #1 without a permit and did not mark the satellite accumulation container with either the words “Hazardous Waste” or with other words describing the contents.

i. Pursuant to 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 180 days 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 failed to clearly mark 3 full 55-gallon containers of waste acetone inside Building #1 with accumulation start dates. Additionally, Respondent failed to mark 6 55-gallon containers of waste acetone located outside Building #1 with accumulation start dates.

j. Pursuant to 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for 180 days or less without a permit, provided that, while being accumulated on-site, each container and tank is labeled and marked clearly with the words “Hazardous Waste.”

As noted during the inspection, Respondent accumulated hazardous waste on-site, without a permit, and failed to mark 3 full 55-gallon containers of waste acetone inside Building #1 with the words “Hazardous Waste.” Additionally, Respondent failed to mark 6 55-gallon containers of waste acetone located outside Building #1 with the words “Hazardous Waste.”

k. Pursuant to 40 CFR 262.34(d)(5)(ii), the generator must post the following information next to the telephone: (1) the name and phone number of the emergency coordinator; (2) location of fire extinguishers and spill control material and, if present, fire alarm; (3) the telephone number of the fire department, unless the facility has a direct alarm.

As noted during the inspection, Respondent failed to post the required information next to the telephone.

10. On August 29, 2012, IDEM received copies of non-hazardous and hazardous waste manifests demonstrating all 55-gallon containers and 5-gallon containers located outside on asphalt were transported and disposed of at a permitted facility.

11. 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 at issue.

3. Upon the Effective Date, Respondent shall comply with 40 CFR 268.7(a). Specifically, Respondent shall send a one-time notice with the initial shipment of waste to each treatment, storage or disposal facility receiving the waste and place a copy in the file.

4. Upon the Effective Date, Respondent shall comply with 40 CFR 262.23(a)(3) and 40 CFR 262.40(a). Specifically, Respondent shall retain copies of hazardous waste manifests for a period of three (3) years from the date of receipt of the hazardous waste by the designated facility.

5. Upon the Effective Date, Respondent shall comply with 40 CFR 262.34(c)(1)(ii). Specifically, Respondent shall mark satellite accumulation containers with either the words “Hazardous Waste” or with other words describing the contents.

6. Upon the Effective Date, Respondent shall comply with 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(2). Specifically, Respondent shall clearly mark the date when the accumulation begins on each container accumulating hazardous waste.

7. Upon the Effective Date, Respondent shall comply with 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(3). Specifically, Respondent shall, while being accumulated on-site, mark each container and tank holding hazardous waste with the words “Hazardous Waste.”

8. Upon the Effective Date, Respondent shall comply with 40 CFR 262.34(d)(5)(ii). Specifically, Respondent shall provide IDEM with documentation demonstrating the name and phone number of the emergency coordinator; location of fire extinguishers and spill control material and if present, fire alarm; and the telephone number of the fire department, unless the facility has a direct alarm, is posted next to the telephone.

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

Jennifer Reno, Enforcement Case Manager

Office of Land Quality – Mail Code 60-02L

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

10. Respondent is assessed and agrees to pay a civil penalty of twenty-three thousand six hundred dollars ($23,600). Said penalty amount shall be due and payable to the Environmental Management Special Fund in eighteen (18) installments. The first six month installment payments shall be $500 each. The next eleven installment payments shall be $1,716.75. The last installment payment shall be $1,715.75. The first installment shall be due sixty (60) days of the Effective Date and remaining installment payments shall be made every 30 days thereafter. Interest shall be accrue on unpaid amounts at the rate established by IC 24-4.6-1-101.

11. 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

12. 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.

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 he is fully authorized to execute this Agreed Order and legally bind the party he represents. No change in ownership, corporate, or partnership status of Respondent shall in any way alter his 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 his applicable permits 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.

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 RESPONDENT:
				By: ________________________
				Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		_________	DAY OF	___________________,	20__.
				For the Commissioner:
				Signed on 12/19/12_______
				Bruce H Palin
				Assistant Commissioner
				Office of Land Quality