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STATE OF
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BEFORE THE
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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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Case No. 2016-24178-H |
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SUPERIOR mETAL tECHNOLOGIES LLC, |
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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 Superior Metal Technologies LLC (“Respondent”),
which owns/operates the company with United States Environmental Protection
Agency (“EPA”) ID No. IND 984 867 366, located at 9850 East 30th
Street, in Indianapolis, Marion 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”) to:
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Steve
Blackburn, Registered Agent for |
Steven
Blackburn, President |
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Superior
Metal Technologies LLC |
Superior
Metal Technologies LLC |
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9850
East 30th Street |
1650
Central Avenue |
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Indianapolis,
Indiana 46229-3608 |
Indianapolis,
Indiana 46202 |
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Cherie
D Smith, Vice President |
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Superior
Metal Technologies LLC |
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10249
Winlee Court |
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Indianapolis,
Indiana 46236 |
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5.
Respondent last notified EPA of Large Quantity
Generator activities on March 28, 2013. Respondent
conducts architectural and commercial aluminum anodizing, chemical conversion
coating of aluminum parts, and painting.
6.
329 Indiana Administrative Code (“IAC”) 3.1
incorporates certain federal hazardous waste management requirements found in
40 Code of Federal Regulations (“CFR”) Parts 260 through 270, and Part 273
including those identified below.
7.
During an investigation including an inspection
on October 25, 2016 conducted by a representative of IDEM, the following
violations were found:
a. Pursuant to 329 IAC 3.1-16-2(a)(1) and 40 CFR 273.13(d)(1), a small quantity handler of
universal waste must manage lamps in a way that prevents releases of any universal
waste or component of a universal waste to the environment, as follows: (1) A
small quantity handler of universal waste must contain any lamp in containers
or packages that are structurally sound, adequate to prevent breakage, and
compatible with the contents of the lamps. Such containers and packages must remain
closed and must lack evidence of leakage, spillage or damage that could cause
leakage under reasonably foreseeable conditions. A small quantity handler of universal waste
shall not intentionally break or crush universal waste lamps.
As noted during the inspection,
Respondent failed to close two (2) 4-foot cardboard boxes used to store
universal waste fluorescent lamps The universal
waste fluorescent lamps were located in the maintenance area.
A violation of the same regulation was
previously cited in an Agreed Order issued to Respondent on December 9, 2014.
b. 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 hazardous waste in containers at or near the point of
generation without a permit and did not properly mark the satellite
accumulation containers located in the storage room near the solvent recycler
with the words “Hazardous Waste” or other words identifying the contents.
A violation of the same regulation was
previously cited in an Agreed Order issued to Respondent on December 9, 2014.
c.
Pursuant to 40 CFR 262.34(c)(1) and (2), a
generator may accumulate as much as 55-gallons of hazardous waste or one quart
of acutely hazardous waste in containers at or near any point of generation (in
a satellite container), and under the control of the operator of the process
generating the waste, (2) a generator who accumulates hazardous waste in excess
of the amounts listed in 40 CFR 262.34(c)(1) must mark the container holding
the excess accumulation of hazardous waste with the date the excess amount
began accumulating.
As
noted during the inspection, Respondent accumulated greater than 55-gallons of
hazardous waste at the satellite spent solvent collection area located in the
storage room without marking the excess accumulation of hazardous waste with
the date the excess amount began accumulating.
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 failed to
mark approximately twenty-six (26) 55-gallon drums of hazardous waste spent
solvent awaiting on-site recycling with accumulation date. The hazardous waste spent solvents were
located in the 90-day accumulation area near the solvent recycler.
A violation of the same regulation was
previously cited in an Agreed Order issued to Respondent on December 9, 2014.
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 failed to mark or
label the words “Hazardous Waste” on the following:
(1)
approximately twenty-six (26) 55-gallon drums
of hazardous waste spent solvent awaiting on-site recycling located in the
90-day accumulation area by the solvent recycler;
(2)
two (2) 55-gallon drums of still bottoms
located by the solvent recycler; and
(3)
four (4) 55-gallon
drums located in the storage room.
On October 25, 2016, Respondent
submitted pictures documenting the drums were labeled with the words
"Hazardous Waste."
A violation of the same regulation was
previously cited in an Agreed Order issued to Respondent on December 9, 2014.
f. 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 in the less than 90 day
accumulation area located near the solvent recycler.
A violation of the same regulation was
previously cited in an Agreed Order issued to Respondent on December 9, 2014.
g. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.52, the content of the
contingency plan must include the following: a description of appropriate
actions, arrangements with local emergency response teams, contact information
for the emergency coordinators, emergency equipment, and an evacuation plan.
As noted during the inspection, Respondent's contingency plan did not include the following
required information:
(1) addresses
for the primary and alternate emergency coordinator;
(2) location of the emergency equipment; and
(3) evacuation plan.
A violation of the same regulation was
previously cited in an Agreed Order issued to Respondent on December 9, 2014.
8.
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.
Upon the Effective Date, Respondent shall
ensure compliance with 329 IAC 3.1-16-2(a)(1) and 40
CFR 273.13(d)(1). Specifically,
Respondent shall ensure that all universal waste lamps are stored in the
required containers or packages and the containers or packages are being kept
closed.
4.
Upon the Effective Date, Respondent shall comply
with 40 CFR 262.34(c)(1)(ii). Specifically, Respondent shall ensure that
all satellite containers are marked with either the words “Hazardous Waste” or
with other words describing the contents.
5.
Upon
the Effective Date, Respondent shall comply with 40 CFR 262.34(c)(2). Specifically,
Respondent shall ensure hazardous waste satellite accumulation areas accumulate
only as much as 55 gallons of hazardous waste unless, once the satellite
accumulation is in an amount in excess of 55 gallons, Respondent complies with
40 CFR 262.34(c)(2).
6.
Upon the Effective Date, Respondent shall
comply 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 hazardous waste container.
7.
Upon the Effective Date, Respondent shall
comply with 40 CFR 262.34(a)(3). Specifically, Respondent shall ensure that
each hazardous waste container is labeled or marked clearly with the words
"Hazardous Waste."
8.
Upon the Effective Date, Respondent shall
comply with 40 CFR 265.35. Specifically,
Respondent shall ensure that the required aisle space is provided in the less
than 90 day accumulation area located near the solvent recycler.
9.
Within thirty (30) days of the Effective Date,
Respondent shall comply with 40 CFR 265.52.
Specifically, Respondent shall revise and ensure that the content of the
contingency plan contains the maps for the location of the Emergency Equipment,
Site Plan, Evacuation Plan and Primary and Alternate Emergency Coordinator
addresses.
10.
Within thirty five (35) days of the Effective
Date, Respondent shall submit to IDEM a copy of the revised contingency plan.
11.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
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Ms. Idelia Walker-Glover, 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 |
12.
Respondent is assessed and agrees to pay a
civil penalty of Nineteen Thousand Dollars ($19,000.00). 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:
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Paragraph |
Penalty |
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10 |
$250 per
week or part thereof |
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:
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Indiana Department of Environmental
Management |
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Office of Legal Counsel |
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IGCN, Room N1307 |
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100 North Senate Avenue |
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Indianapolis, IN 46204 |
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.
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
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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:
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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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For
the Commissioner: |
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Signed
October 31, 2017 |
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Peggy Dorsey |
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Assistant
Commissioner |
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Office
of Land Quality |
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