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. 2016-24197-H
					)
PRAIRIE PACKAGING, LLC,					)
					)
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 Prairie Packaging, LLC (“Respondent”), which owns/operates the company located at 7277 South 2^nd Line Road, in Kingsbury, LaPorte 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 February 15, 2017 via Certified Mail to:

Jann L. Fisher, Manager	CT Corporation System, Registered Agent for
Prairie Packaging LLC	Prairie Packing, LLC
600 West 41^st Street	150 West Market Street, Suite 800
Chicago, IL 60609-2680	Indianapolis, IN 46204

5. Respondent receives bulk chemicals that are blended and packaged for distribution into commerce. Respondent notified for large quantity hazardous waste activities on December 12, 2016.

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 November 7, 2016, conducted by a representative of IDEM, the following violations were found:

a. 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 generator activities.

On December 12, 2016, Respondent submitted a Hazardous Waste Handler Identification Form and obtained U.S. EPA Identification Number INR000108936.

b. Pursuant to 40 CFR 262.20, a generator who transports, or offers for transportation, hazardous waste for offsite treatment, storage, or disposal must prepare a manifest. A generator must designate on the manifest one facility which is permitted to handle the waste described on the manifest. A generator may designate an alternate facility to handle his waste in the event that an emergency prevents delivery of the waste to the primary designated facility. The generator must prepare the manifest in accordance with the instructions in the appendix of 40 CFR 262.

As noted during the inspection, Respondent did not prepare uniform hazardous waste manifests #015839286 and #015839293 in accordance with instructions in the appendix of 40 CFR 262 for the September 12 and 20, 2016 shipments of D002 corrosive and D001 ignitable hazardous waste. Specifically, Respondent used Chemtool Inc.’s U.S. EPA Identification Number ILD021440375 as the generator identification number on the manifests.

On May 2, 2017, Respondent submitted to IDEM copies of corrected copies of manifests #015839286 and #015839293 for shipments of hazardous waste on September 12 and 20, 2016 to permitted Treatment, Storage, Disposal facilities, Tradebe Treatment and Recycling, LLC and Badger Disposal of WI, Inc.

c. Pursuant to 40 CFR 268.7(a), with the initial shipment of hazardous waste to each treatment, storage, or disposal facility, a generator must send a one-time written notice documenting the determination if the waste has to be treated before it can be land disposed to each facility receiving the waste, and place a copy in the generator’s file. The generator must complete the one-time land disposal written notice accurately.

As noted during the inspection, Respondent used Chemtool Inc.’s U.S. EPA Identification Number ILD021440375 as the generator identification number on the Land Disposal Notification Form for the September 12 and 20, 2016 shipments of D002 corrosive and D001 ignitable hazardous waste.

On May 2, 2017, Respondent submitted to IDEM corrected copies of Land Ban Notification Forms showing Respondent has sent corrected Land Ban Notification Forms for the shipments of hazardous waste on September 12 and 20, 2016 to permitted Treatment, Storage, or Disposal facilities, Tradebe Treatment and Recycling, LLC and Badger Disposal of WI, Inc.

d. 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 a hazardous waste determination on thirty (30) totes of Citri-Strip and eight (8) totes of unknown material.

Subsequent to the inspection, Respondent determined four (4) of the thirty (30) totes of Citri-Strip were D002 hazardous, and the eight (8) containers of unknown material were non-hazardous.

e. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.51, a generator must have a contingency plan for the facility.

As noted during the inspection, Respondent did not have a contingency plan.

On May 25, 2017, Respondent submitted a Contingency Plan for review. IDEM reviewed the Plan and determined it is adequate.

f. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(a), (b), & (c), facility personnel must complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in compliance with the hazardous waste management rules. Employees must be trained within six months after their date of hire and must take part in an annual review of the initial training.

As noted during the inspection, Respondent did not provide facility personnel with initial/annual hazardous waste training.

On April 7, 2017, Respondent provided to IDEM a copy of the hazardous waste training presentation and personnel training records demonstrating hazardous waste management training was conducted on March 9, 2017 and January 19, 2017.

g. Pursuant to IC 13-30-2-1(3), no person shall deposit any contaminants upon the land in a place and manner that creates or would create a pollution hazard that violates or would violate 329 IAC 10-4-2.

As noted during the inspection, Respondent deposited sulfuric acid and urea residue at the Site upon the land in a place and manner that creates or would create a pollution hazard that violates or would violate 329 IAC 10-4-2.

The complete establishment of new vegetation in areas formerly impacted by sulfuric acid and urea residue is subject to field verification.

h. Pursuant to 329 IAC 10-4-2, no person shall cause and/or allow the storage, containment, processing, or disposal of solid waste in a manner which creates a threat to human health or the environment, including the creating of a fire hazard, vector attraction, air or water pollution, or other contamination.

As noted during the inspection, Respondent caused and/or allowed releases of sulfuric acid and urea residue to be disposed of at the Site in a manner which created a threat to human health or the environment. Visual evidence of releases of sulfuric acid and urea residue were observed on the ground in multiple areas on-site.

The complete establishment of new vegetation in areas formerly impacted by sulfuric acid and urea residue is subject to field verification.

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 comply with 40 CFR 262.11. Specifically, Respondent shall conduct proper waste determinations on solid waste generated at the facility.

4. Upon the Effective Date, Respondent shall comply with 40 CFR 262.20 and IC 13-30-2-1(12). Specifically, Respondent shall ensure hazardous waste manifests are prepared in accordance with the instructions in the appendix of 40 CFR 262.

5. Upon the Effective Date, Respondent shall comply with 40 CFR 268.7(a). Specifically, Respondent shall ensure the one time written land disposal notification form is completed accurately.

6. 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

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

7. Respondent is assessed and agrees to pay a civil penalty of Twelve Thousand Six Hundred Fifty-Six Dollars and Twenty-Five Cents ($12,656.25). Said penalty amount shall be due and payable to the Environmental Management Special Fund in four (4) installments. The first three quarterly installment payments shall be $3,164.00. The last installment payment shall be $3,164.25. The first installment shall be due sixty (60) days after the Effective Date and remaining installment payments shall be made every ninety (90) days thereafter. Interest shall be accrue on unpaid amounts at the rate established by IC 24-4.6-1-101.

8. 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

Office of Legal Counsel

IGCN, Room N1307

100 North Senate Avenue

Indianapolis, IN 46204

9. 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 8, above.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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 8/9/17
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality