STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT OF |
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COUNTY OF
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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.
2013-21387-H |
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TALBERT MANUFACTURING INCORPORATED, |
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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 Talbert Manufacturing
incorporated (“Respondent”), which owns/operates the facility with United
States Environmental Protection Agency (EPA) ID No. IND 005 080 122, located at
1628 W State Road 114, in Rensselaer, Jasper 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) via Certified Mail to:
Mr. Andrew Tanner, President |
Ms. Roberta Kaufman, Registered
Agent for |
Talbert Manufacturing Incorporated |
Talbert Manufacturing Incorporated |
1628 W State Road 114 |
1628 W State Road 114 |
Rensselaer, IN 47978 |
Rensselaer, IN 47978 |
5.
Respondent last notified EPA of Large
Quantity Generator (LQG) hazardous waste activities on June 17, 2010.
6.
Respondent manufactures trailers for heavy
equipment hauling. Processes include
cutting, welding, assembly and finishing. Hazardous waste is generated
primarily from the painting/priming operation.
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 12, 2013 conducted by a representative of IDEM, the
following violations were found:
a. 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. Specifically, Respondent stored two (2)
fifty-five (55) gallon containers of hazardous waste (D001, D035) in the
outdoor container storage area for greater than ninety (90) days. The start of accumulation date for both containers
was June 27, 2012.
Respondent manifested the above
hazardous waste off site on January 11, 2013 to a permitted hazardous waste
facility. Manifest Tracking Number
010837218 JJK.
b. 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. Specifically,
Respondent stored two (2) fifty-five (55) gallon containers of hazardous waste
(D001, D035) for greater than ninety (90) days in the outdoor container storage
area. The start of accumulation date for both containers was June 27, 2012.
Respondent manifested the above hazardous
waste off site on January 11, 2013 to a permitted hazardous waste
facility. Manifest Tracking Number
010837218 JJK.
c. 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.
Specifically, Respondent stored two (2) fifty-five (55) gallon containers
of hazardous waste (D001, D035) for greater than ninety (90) days in the
outdoor container storage area. The start of accumulation date for both containers
was June 27, 2012.
Respondent manifested the above
hazardous waste off site on January 11, 2013 to a permitted hazardous waste
facility. Manifest Tracking Number
010837218 JJK.
d.
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. Specifically, Respondent
stored two (2) fifty-five (55) gallon containers of hazardous waste (D001,
D035) for greater than ninety (90) days in the outdoor container storage area.
The start of accumulation date for both containers was June 27, 2012.
Respondent manifested the above
hazardous waste off site on January 11, 2013 to a permitted hazardous waste
facility. Manifest Tracking Number
010837218 JJK.
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 inspection,
Respondent accumulated hazardous waste on-site, without a permit, and did not
mark hazardous waste containers with accumulation start dates. Specifically, the following hazardous waste
containers:
a)
Nine (9) fifty-five (55) gallon hazardous
waste containers located in the outdoor container storage area.
b)
Two (2) fifty-five (55) gallon hazardous
waste containers located in the Quonset Building.
c)
Four (4) fifty-five (55) gallon hazardous
waste containers located outside the Paint Mix Building.
f.
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." Specifically, the following
hazardous waste containers:
a)
Five (5) fifty-five (55) gallon hazardous
waste containers located in the outdoor container storage area.
b)
Two (2) fifty-five (55) gallon hazardous
waste containers located in the Quonset Building.
c)
Four (4) fifty-five (55) gallon hazardous
waste containers located outside the Paint Mix Building.
g.
Pursuant to 40 CFR 262.34(c)(1)(ii), a
generator may accumulate as much as fifty-five (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 a container at or near the point of
generation without a permit and did not properly mark the satellite
accumulation container with either the words “Hazardous Waste” or with other
words describing the contents.
Specifically, one (1) fifty-five (55) gallon satellite hazardous waste
container in the small paint booth was not properly marked.
h.
Pursuant to 40 CFR 262.34(a)(1)(i) and 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 did not store four (4) containers of hazardous waste closed. Specifically, one (1) fifty-five (55) gallon
less than 90 day hazardous waste container located in the outdoor container
storage area; two (2) fifty-five (55) gallon satellite hazardous waste
containers in the small paint booth; and one (1) fifty-five (55) gallon
satellite hazardous waste container outside the paint mix building.
i.
Pursuant to IC 13-30-2-1(4), no person shall
deposit or cause or allow the deposit of any contaminants or solid waste upon
the land, except through the use of sanitary landfills, incineration,
composting, garbage grinding, or another method acceptable to the solid waste
management board.
As noted during the inspection,
Respondent deposited or caused and/or allowed the deposit of a contaminant
and/or solid waste, including, but not limited to Valspar Valthane
430 Gray, industrial coating, in a method which has not been determined by the
solid waste management board to be acceptable.
Specifically, an orange/brown liquid was observed on the ground in the
outside product storage area. The four by two foot release was from a
deteriorated five (5) gallon bucket of Valspar Valthane
430 Gray an industrial coating product.
9.
Respondent emailed a submittal on March 22,
2013. The submittal included
documentation that the hazardous waste stored for greater than 90 days has been
properly disposed of at a permitted hazardous waste facility (Manifest Tracking
Number 010837218 JJK). Disposal
information was also submitted for used oil and non regulated waste (sandblast
dust).
10.
Respondent retrained all Painters, Material
Coordinators, Maintenance, Supervisors, and Sandblasters on the proper
procedures for handling hazardous waste.
Training records and training content documentation was submitted via
email on March 22, 2013.
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 the statutes,
rules, and/or permit conditions listed in the findings above.
3.
Within thirty (30) days of the Effective
Date, Respondent shall submit documentation to IDEM detailing the steps taken
at the Site to minimize the possibility of a recurrence of hazardous waste
being accumulated at the Site for greater than the timeframes allowed in 40 CFR
262.34, i.e., 90 days for a large quantity generator and 180 days for a small
quantity generator. The steps shall include that hazardous waste
drums are labeled and dated prior to placing in the less than 90 day
accumulation area.
4.
Upon the Effective Date, Respondent shall
ensure all accumulated hazardous waste on site is clearly marked with the start
of accumulation date. The start of
accumulation date shall be visible for inspection on each container.
5.
Upon the Effective Date, Respondent shall
ensure while hazardous waste is being accumulated on site each container is
clearly marked with the words “Hazardous Waste”.
6.
Upon the Effective Date, Respondent shall
ensure hazardous waste satellite accumulation containers are clearly marked
with the words “Hazardous Waste” or with other words describing the contents.
7.
Upon the Effective Date, Respondent shall
ensure each accumulated and satellite hazardous waste container is kept closed
during storage except when it is necessary to add or remove waste.
8.
Within thirty (30) days of the Effective
Date, Respondent shall remove any contaminated soil six (6) inches beyond
visible contamination. Prior to removing
the contaminated soil, Respondent shall take photographs of the visible
contaminated soil area prior to removing the soil and after the soil is removed
to verify that all visible soil contamination has been removed.
9.
Within sixty (60) days of the Effective Date,
Respondent shall submit the photographs and proper disposal documentation
including the volume of soil removed and the disposal facility.
10.
Within forty five (45) days of the Effective
Date, Respondent shall submit a plan on how future releases will be
addressed. The plan shall include that
releases/spills will be responded to within 24 hours. The plan shall also include preventive
measures that will be taken to prevent future releases/spills within the
product storage area outside the Quonset Building.
11.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Christina Halloran, Enforcement Case
Manager |
Office of Land Quality – Mail Code
60-02L |
Indiana Department of Environmental
Management |
100 North Senate Avenue |
Indianapolis, IN 46204-2251 |
12.
Respondent is assessed and agrees to pay a
civil penalty of Fifteen Thousand Dollars ($15,000). 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”.
13.
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:
Order Paragraph No. |
Penalty |
3 |
$500 per
week |
8 |
$500 per
week |
9 |
$500 per
week |
10 |
$500 per
week |
14.
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.
15.
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 |
16.
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 15, above.
17.
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.
18.
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.
19.
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.
20.
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.
21.
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.
22.
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.
23.
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.
24.
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:
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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 RESPONDENT: |
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By:
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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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20__. |
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For the
Commissioner: |
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Signed
04/29/2013 by Peggy Dorsey for: |
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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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