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. 2017-24283-H

 

 

)

 

AAR Aircraft Services, 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 AAR Aircraft Services (“Respondent”), which owns/operates the facility with United States Environmental Protection Agency (“EPA”) ID No. IN0 000 055 152, located at 2825 West Perimeter Road, 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:

 

John Holmes, President

United Agent Group, Inc.

AAR Aircraft Services, Inc.

Registered Agent for

1100 N. Wood Dale Rd.

AAR Aircraft Services, Inc.

Wood Dale, IL  60191

105 E. Jefferson Boulevard #800

 

South Bend, IN 46601

 

5.               Respondent provides aircraft maintenance, repair and overhaul, landing gear services, engineering services and component repair for major and regional passenger aircraft carriers, government agencies and aircraft leasing companies.

 

6.               Respondent last updated its hazardous waste activities on February 27, 2008.  Respondent notified as a large quantity hazardous waste generator.

 

7.               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.

 

8.               During an investigation including an inspection April 4, 2016 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 investigation, Respondent did not make hazardous waste determinations on aerosol cans, which contained solid wastes generated by Respondent.

 

Respondent contends the aerosol cans are recognized and determined hazardous.  The aerosol cans are accumulated in satellite areas within the facility.  Photographs of the satellite accumulation drums were submitted.  Respondent has been managing the aerosol cans as a hazardous waste since it open in 2004.

 

b.       Pursuant to 40 CFR 268.7(a), a generator must determine if a hazardous waste is restricted from land disposal and if the waste has to be treated before being land disposed.  This is done by determining if the hazardous waste meets the treatment standards in 40 CFR 268.40, 40 CFR 268.45, or 40 CFR 268.49.  This determination can be made in either of two ways: testing the waste or using knowledge of the waste.  With the initial shipment of hazardous waste (meeting or not meeting the treatment standards in 40 CFR 268.40 and 40 CFR 268.42), the generator must send a one-time written notice to each treatment or storage facility receiving the waste, and place a copy in the file.  No further notification is necessary until such time that the waste or facility change, in which case a new notification must be sent and a copy placed in the generator's file.

 

As noted during the investigation, Respondent did not transport hazardous waste aerosol cans to a permitted treatment, storage, and disposal facility; therefore a one-time land ban notification and certification was not provided with the initial shipment of hazardous waste as required.  Respondent did not determine if the hazardous waste aerosol cans had to be treated before being land disposed.

 

Respondent contends the aerosol can was mistakenly disposed into the wrong drum by Respondents’ technician, followed by Industrial Service Group (ISG), an environmental waste management company which Respondent relies on to dispose and transport all hazardous waste in accordance with the law.

 

c.       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.

 

As noted during the investigation, Respondent offered hazardous waste for transportation for offsite treatment, storage, or disposal without preparing a manifest.  Specifically, Respondent offered hazardous waste aerosol cans to a nonpermitted facility without preparing a manifest.  The aerosol cans were recorded on a non-hazardous waste manifest stating that all the aerosol cans were RCRA empty.  The aerosol cans were transported to ISG’s 86th Street location in Indianapolis, IN.  IDEM inspectors observed partially full hazardous waste aerosol cans originating from Respondent’s Site at ISG during their March 29, 2016 inspection.

 

d.       Pursuant to 40 CFR 262.12(c), a generator must not offer its hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number.

 

As noted during the investigation, Respondent sent its hazardous waste to a treatment, storage, or disposal facility that did not have an EPA identification number.  Specifically, Respondent manifested aerosol cans as RCRA empty on a non-hazardous waste manifest to ISG.  IDEM inspectors confirmed partially full aerosol cans were accepted by ISG which is not a permitted treatment, storage, disposal facility during the March 29, 2016 inspection at ISG.

 

Respondent contends the aerosol can was mistakenly disposed into the wrong drum by Respondents’ technician, followed by Industrial Service Group (ISG), an environmental waste management company which Respondent relies on to dispose and transport all hazardous waste in accordance with the law.  Respondent contends ISG failed to puncture the aerosol cans before transporting them to ISG’s facility.

 

e.       Pursuant to IC 13-30-2-1(12), a person may not cause or allow the transportation of a hazardous waste without a manifest if a manifest is required by law.

 

As noted during the investigation, Respondent caused or allowed the transportation of a hazardous waste without preparing a manifest as required by law.  Specifically, Respondent offered hazardous waste aerosol cans to a nonpermitted facility without preparing a manifest.  The aerosol cans were recorded on a non-hazardous waste manifest stating that all the aerosol cans were RCRA empty.  The aerosol cans were transported to ISG’s 86th Street location in Indianapolis, IN.  IDEM inspectors observed partially full hazardous waste aerosol cans originating from Respondent’s Site at ISG during their March 29, 2016 inspection.

 

Respondent requires that all hazardous waste from the facility is to be properly and accurately manifested and Respondent has robust procedures in place to ensure compliance.  Respondent submitted a copy of the training presentation titled “Welcome to Environmental, Health & Safety New Employee INDOC Training”.  This training is given to all employees when they join the company to ensure that they have the knowledge and skills to properly handle the hazardous materials they will utilize in the course of their work.

 

Respondent contends the aerosol can was mistakenly disposed into the wrong drum by Respondents’ technician, followed by ISG which Respondent relies on to dispose and transport all hazardous waste in accordance with the law, failed to puncture the aerosol cans before transporting them to ISG’s facility.

 

f.        Pursuant to 40 273.13(d)(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.

 

As noted during the investigation, Respondent had approximately four universal waste light bulb containers located throughout the facility stored open.

 

Respondent sent an email dated April 6, 2016, demonstrating the universal waste containers had been properly closed.

 

Respondent contends staff technicians were actively disposing of light bulbs from two 757 aircraft (each in a separate hanger) and unfortunately the lids were not tightly replaced during that exercise.  Respondent conducted a “stand-down” and crew briefing with respect to this issue and expressly reminded technicians of the importance of replacing the lids tightly.  In addition, Respondent has placed stickers on the Universal Waste Containers that state “Replace Lid Tightly” to ensure compliance.

 

g.       Pursuant to 40 CFR 262.20(a), a generator who sends hazardous waste off-site must ensure that manifests are fully filled out and contain accurate information.

 

As noted during the investigation, Respondent did not accurately fill out the required information on one (1) hazardous waste manifest.  Specifically, Manifest Tracking Number 008656470 JJK had Respondent’s Duluth, Minnesota location Generator ID Number (Item 1) and Generator Site (Item 5) address rather than the Respondent’s EPA ID Number and Site address.  The generator’s signature (Item 15) was signed by Respondent’s employee located in Indianapolis.  Furthermore, the Transportation Security Administration (“TSA”) records document the transporter who signed the manifest (Item 17) on March 29, 2016 entering the Site, therefore, the transporter could not have been in Minnesota when the manifest was signed.

 

Respondent contends this was a clerical error which was promptly corrected.

 

h.       Pursuant to 40 CFR 262.42(a), (1) a generator of 1,000 kilograms or greater of hazardous waste in a calendar month, or greater than 1 kg of acute hazardous waste listed in §261.31 or §261.33(e) in a calendar month, who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 35 days of the date the waste was accepted by the initial transporter must contact the transporter and/or the owner or operator of the designated facility to determine the status of the hazardous waste.

 

(2) a generator of 1,000 kilograms or greater of hazardous waste in a calendar month, or greater than 1 kg of acute hazardous waste listed in §261.31or §261.33(e) in a calendar month, must submit an Exception Report to the Commissioner if he has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter. The Exception Report must include:

 

(i)              A legible copy of the manifest for which the generator does not have confirmation of delivery;

(ii)             A cover letter signed by the generator or his authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.

 

As noted during the investigation, Respondent had not received a signed copy of Manifest Tracking Number 008656470 JJK with the designated facility signature.

 

9.               Respondent submitted a response dated August 23, 2017 addressing the issued Notice of Violation dated June 28, 2017.

 

10.     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 comply with 40 CFR 262.42(a)(2).  Specifically, Respondent shall submit to IDEM an Exception Report for Manifest Tracking Number 008656470 JJK.

 

4.               Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 268.7(a).  Specifically, Respondent shall ensure that a land ban one-time notice with all the proper waste codes and manifest number is provided with each initial shipment to each treatment, storage, disposal facility receiving the waste and a copy placed in the file.  The one time notice shall include a certification statement, with the exact wording found in 40 CFR 268.7 as applicable, certifying either the waste complies or does not comply with the treatment standards.    

 

5.               Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 262.20 and IC 13-30-2-1(12).  Specifically, Respondent shall not allow the transport of hazardous waste without a manifest. 

 

6.               Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 262.12(c).  Specifically, Respondent shall only offer its hazardous waste to transporters or treatment, storage, or disposal facilities that have received an EPA identification number.

 

7.               Upon the Effective Date, Respondent shall ensure the hazardous waste manifests are filled out accurately according to the instructions in the Appendix to Part 262.

 

8.               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

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

9.               Respondent is assessed and agrees to pay a civil penalty of Nine Thousand and Two Hundred Dollars ($9,200).  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”.

 

10.           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:

 

Paragraph

Penalty

 

 

3

$200/week late

 

11.           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.

 

12.           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

Office of Legal Counsel

IGCN, Room N1307

100 North Senate Avenue

Indianapolis, IN 46204

 

13.           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 12, above.

 

14.           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.

 

15.           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.

 

16.           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.

 

17.           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.

 

18.           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.

 

19.           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.

 

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 02/14/2018 By:

 

Peggy Dorsey, Assistant Commissioner

 

Office of Land Quality