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. 2017-24726-H
					)
Honeywell International, Inc. d/b/a/ Honeywell, Aircraft Landing Systems Division,					)
					)
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 Honeywell International, Inc. d/b/a Honeywell, Aircraft Landing Systems Division (“Respondent”), which owns/operates the facility with United States Environmental Protection Agency (“EPA”) ID No. IND 088 736 103 located at 3520 Westmoor Street, in South Bend, St. Joseph 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:

Mr. Derrick Bates, Sr., HS&E Engineer	Corporation Service Company
Honeywell, Aircraft Landing Systems Division	Registered Agent for
3520 Westmoor St.	Honeywell International, Inc.
South Bend, IN 46628	135 N. Pennsylvania St. Suite 1610
	Indianapolis, IN 46204

5. Respondent last notified EPA of Large Quantity Generator activities on June 8, 2017.

6. Respondent manufactures carbon and steel brakes for the military and commercial aircraft industries.

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 on September 7, 2017 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 had thirty-seven (37), two hundred and seventy-five (275) gallon plastic totes stored outside just to the east of Plant #11. They each had an average of approximately twenty-five (25) gallons of a corrosive waste water and P-13 mixture remaining in them. The totes were not RCRA empty. According to Respondent’s plant personnel, all the totes contained the same waste and have been there for greater than ninety (90) days but less than a year.

Subsequent to the inspection, Respondent consolidated the hazardous waste (D002) in the plastic totes. On September 11, 2017, nine hundred (900) gallons of D002 hazardous waste was properly manifested (Manifest Tracking Number 011033240 FLE) to a permitted treatment, storage, disposal facility.

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 nine hundred (900) gallons of D002 hazardous waste outside just to the east of Plant #11. The hazardous waste was properly manifested (Manifest Tracking Number 011033240 FLE) to a permitted treatment, storage, disposal facility on September 11, 2017.

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 nine hundred (900) gallons of D002 hazardous waste outside just east of Plant #11. The hazardous waste was properly manifested (Manifest Tracking Number 011033240 FLE) to a permitted treatment, storage, disposal facility on September 11, 2017.

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.

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, a two (2) cubic yard sled/box under the wastewater filter press collecting filter cake waste had a “Hazardous Waste” label but did not have an accumulation start date. The sled/box has a capacity greater than fifty-five (55) gallons and had greater than fifty-five (55) gallons of filter cake waste accumulating during the inspection. This was corrected during the inspection.

Additionally, Respondent had thirty-seven (37), two hundred and seventy-five (275) gallon totes of hazardous waste (D002) located outside just east of Plant #11 with no accumulation start dates. On September 11, 2017, these totes of hazardous waste (D002) were consolidated into nine (9) totes, totaling nine-hundred (900) gallons and properly disposed of at a permitted treatment, storage and disposal facility.

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." Respondent had thirty-seven (37), two hundred and seventy-five (275) gallon totes of hazardous waste (D002) located outside just east of Plant #11 with some totes without “Hazardous Waste” labels. Subsequent to the inspection, these totes were consolidated into nine (9) totes, totally nine-hundred (900) gallons. On September 11, 2017 this waste (D002) was properly disposed of at a permitted treatment, storage and disposal facility.

g. 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 the listed Emergency Coordinators with the initial hazardous waste training. Subsequent to the inspection, Respondent sent, via email on September 11, 2017, training documentation and records including job titles, job descriptions and job duties. Respondent also sent a list of the Emergency Coordinators which had been revised since the inspection. Training documentation was not provided for the Alternate 1 - Emergency Coordinator, Mr. Justin Finger.

On February 16, 2018, Respondent sent via email course details of the Hazardous Waste Management: Annual Update provided to employees. During the February 8, 2018 settlement conference IDEM received training documentation for Mr. Justin Finger, an update list of the emergency coordinators and a list of the emergency local contacts.

h. Pursuant to 329 IAC 13-4-3(d), generators must label all used oil containers and aboveground tanks with the words “Used Oil”.

As noted during the inspection, Respondent did not label one (1) five (5) gallon pail behind CVD oven #7 with the words “Used Oil”. This was corrected during the inspection.

9. Respondent sent via email on February 16, 2018, copies of the letters that were sent to the local authorities documenting that updated revisions to the Contingency Plan have been provided. The submittal also included Standard Operating Procedures (SOP) Respondent implemented in managing empty chemical containers in the future.

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. 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

4. Respondent is assessed and agrees to pay a civil penalty of Ten Thousand and Four Hundred Dollars ($10,400). Within thirty (30) days of the Effective Date, Respondent shall pay a portion of this penalty in the amount of Two Thousand and Eighty Dollars ($2,080) to the Environmental Management Special Fund. In lieu of payment of the remaining civil penalty, Respondent shall make a cash payment to the Indiana Finance Authority ("IFA") to fund a Supplemental Environmental Project ("SEP") of activities related to brownfield development at a brownfield site ("Brownfield Site") in South Bend, Indiana. Respondent will make a payment in the amount of Eight Thousand and Three Hundred and Twenty Dollars ($8,320) to fund SEP activities at the Brownfield Site. Respondent shall make such payment to the IFA within thirty (30) days of the Effective Date. Payment to the IFA satisfies Respondent's obligation to undertake a SEP to offset a portion of the civil penalty assessed in this matter. Implementation of this SEP will benefit the community by rejuvenating neighborhoods, increasing the tax base, mitigating threats to human health and the environment, and/or reducing blight. In the event that the civil penalty is not paid within thirty (30) days of the Effective Date, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.

The Brownfield Site at which some or all of the SEP proceeds will be spent will be determined by the Brownfields Program for a site located in South Bend, Indiana. The designation of this Brownfield Site to receive the SEP proceeds is agreed upon by the Complainant, Respondent, and the IFA.  The IFA will account for the SEP payment and the Brownfields Program will oversee the work undertaken at the Brownfield Site funded by the SEP proceeds.  If SEP proceeds remain following a determination by the Brownfields Program that no additional SEP proceeds are needed at the Brownfield Site, the Brownfields Program will select another site or sites in South Bend at which work will be funded with the balance of the SEP proceeds.  The IFA will notify IDEM's Enforcement Case Manager when SEP-funded activities at the Brownfield Site (and any other site at which activities may be funded with SEP proceeds) are complete.

In the event that Respondent does not make its SEP payment within thirty (30) days of the Effective Date, the full amount of the civil penalty as stated in this paragraph, plus interest established by IC 24-4.6-1-101 on the remaining amount, less the portion of the civil penalty Respondent has already paid, will be due within fifteen (15) days from Respondent's receipt of IDEM's notice to pay. Interest at the rate established by IC 24-4.6-1-101, shall be calculated on the amount due from the date which is thirty (30) days after the Effective Date of this Agreed Order until the full civil penalty is paid.

Payment of the SEP is payable by check to the "Indiana Finance Authority." The text "SEP-South Bend" and the Case Numbers of this action shall be included in the memo line of the check. The check shall be mailed to:

Meredith Gramelspacher

Indiana Brownfields Program - SEP

100 N. Senate Avenue

Room 1275

Indianapolis, Indiana 46204

5. Civil 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

6. 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 5, above.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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 INDIANA FINANCE				COUNSEL FOR RESPONDENT:
By:_____________________				By: ________________________
Meredith Gramelspacher
	Director & General Counsel
Date:____________________				Date: ______________________
				COUNSEL &/OR AUTHORIZED
				REPRESENTATIVE:
				For the City of South Bend
				By: ________________________
				Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		_________	DAY OF	________________________,	20__.
				For the Commissioner:
				Signed 04/12/2018 By:
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality