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STATE OF
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BEFORE THE
INDIANA DEPARTMENT OF |
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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v. |
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Case No.
2014-22722-H |
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MULTI-COLOR CORPORATION, |
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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 Multi-Color Corporation (“Respondent”),
which owns and/or operates a facility with United States Environmental
Protection Agency (“EPA”) ID No. IND 984877563 located at 2281 South US Highway
31, in Scottsburg, Scott 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 January 15, 2015 via Certified Mail to:
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CT
Corporation System, Registered Agent |
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Multi-Color
Corporation |
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150
West Market Street, Suite 800 |
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Indianapolis,
Indiana 46204 |
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Nigel
Vinecombe, President |
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Multi-Color
Corporation |
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4053
Clough Woods Drive |
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Batavia,
Ohio 45103 |
5. Respondent operates as a Large Quantity
Generator (“LQG”) of hazardous waste at the Site.
6. Respondent manufactures printed labels
for a variety of industries. The
facility generates hazardous waste solvent and solvent based paint waste (D001,
D035, F003, and F005).
7. 329 Indiana Administrative Code (“IAC”)
3.1 incorporates certain federal hazardous waste management requirements found
in 40 CFR 260 through 270, and Part 273 including those identified below.
8. During an investigation, including an
inspection on October 8, 2014 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 an adequate hazardous waste determination on solvent
distillation sludge waste. Respondent failed
to determine the solvent distillation sludge waste is F003 and F005 listed
hazardous waste in addition to D001 and D035 characteristic hazardous waste.
b. Pursuant to 40 CFR 268.7(a)(2), a
generator must send a one-time written notice to each treatment or storage
facility receiving the waste that includes the information indicated in the
Generator Paperwork Requirements Table in 40 CFR 268.7(a)(4). This Table requires EPA Hazardous Waste
Numbers and Manifest Number of the first shipment.
As noted during the inspection,
Respondent failed to include listed EPA Hazardous Waste Numbers, F003 and F005,
on the one-time written notice for solvent distillation sludge waste.
c. Pursuant to 40 CFR 262.34(d)(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, signs
of continuous spills of spent solvent were observed on
the concrete floor surrounding and underneath solvent washing machine PRI1 and
in the sump areas of solvent washing machines PRI1 and SRS. Descaling of the concrete floor coating
surrounding the solvent washing machine PRI1 was noted
during the inspection.
d.
Pursuant to 40 CFR 262.34(a)(4) referencing
40 CFR 265.35, a generator must maintain aisle space to allow the unobstructed
movement of personnel, fire protection,
equipment, spill control equipment, and decontamination equipment to any area
of facility operation in an emergency.
As noted during the inspection,
Respondent failed to provide the required aisle space between rows of 55-gallon
containers of hazardous waste in the less than 90-day container storage area.
e. 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 other words describing the contents.
As noted during the inspection,
Respondent accumulated hazardous waste in five (5) 55-gallon containers at or
near the point of generation without a permit and did not properly mark
satellite accumulation containers with either the words “Hazardous Waste” or
other words describing the contents.
These satellite accumulation containers were located throughout the
facility and were marked with only the word “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 statutes and
rules listed in the findings above.
3.
Upon the Effective Date, Respondent shall comply
with 40 CFR 262.11 and 40 CFR 268.7(a)(2). Specifically, Respondent shall include on all
hazardous waste manifests and the one-time Land Disposal Notification Form for
solvent distillation waste sludge listed EPA Hazardous Waste numbers, F003 and
F005, in addition to D001 and D035 characteristic EPA Hazardous Waste numbers.
4.
Upon the Effective Date, Respondent shall
comply with 40 CFR 265.35. Specifically,
Respondent shall ensure adequate aisle space between containers in the less
than 90-day container storage area.
5.
Upon the Effective Date, Respondent shall
comply with 40 CFR 262.34(c)(1)(ii). Specifically, Respondent shall mark each
satellite accumulation container with the words “Hazardous Waste” or other
words describing the contents.
6.
Within thirty (30) days of the Effective
Date, Respondent shall comply with 40 CFR 265.31. Specifically, Respondent shall cease
releasing spent solvent from solvent washing machines by upgrading solvent
washing machine equipment, including flanges and valves.
7.
Within forty-five (45) days of the Effective
Date, Respondent shall remove visible staining from spent solvent releases on
the concrete floor and sump areas where the solvent washing machines are
located by scraping and/or power washing.
8.
Within sixty (60) days of the Effective Date,
Respondent shall submit to IDEM photos showing the complete removal of visible
staining on the concrete floor and sump areas where the solvent washing
machines are located. Additionally,
Respondent shall submit to IDEM documentation, including manifests,
demonstrating the hazardous waste generated from the cleanup of the concrete
floor and sump areas has been properly transported and
disposed of at a permitted facility.
9.
Within seventy-five (75) days of the Effective
Date, Respondent shall coat the concrete floor underneath and surrounding the
solvent washing machines with an impermeable coating.
10. All submittals required by this Agreed
Order, unless Respondent is notified otherwise in writing by
IDEM, shall be sent to:
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Jennifer Reno, Enforcement Case
Manager |
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Office of Land Quality |
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Indiana Department of Environmental
Management |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
11. Respondent is assessed and agrees to pay
a civil penalty of nine thousand four hundred dollars ($9,400). Said penalty amount shall be due and payable
to the Environmental Management Special Fund within forty-five (45) days of the
Effective Date; the 30th day being the “Due Date”.
12. 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:
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Paragraph |
Penalty |
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Order
Paragraph 6 |
$500
per week |
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Order
Paragraph 7 |
$500
per week |
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Order
Paragraph 8 |
$250
per week |
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Order
Paragraph 9 |
$500
per week |
13. 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.
14. 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:
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Indiana Department of Environmental
Management |
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Accounts Receivable |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
15. 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 14, above.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. This Agreed Order shall remain in effect
until IDEM issues a Resolution of Case letter to Respondent.
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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
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Printed:
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Office of
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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
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For the
Commissioner: |
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Signed on
March 5, 2015______ |
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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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