STATE OF INDIANA

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SS:

BEFORE THE INDIANA DEPARTMENT OF

 

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COUNTY OF MARION

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ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT

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OF ENVIRONMENTAL MANAGEMENT,

 

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Complainant,

 

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v.

 

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Case No. 2017-24930-H

 

 

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The Priority GROUP 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 The Priority Group Corporation (“Respondent”), which owns and/or operates the company with United States Environmental Protection Agency (“EPA”) ID No. INR 000145508, located at 4026 W. 10th 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:

 

Joseph Straka, President

Robert Straka, Owner

and Registered Agent

The Priority Group Corporation

The Priority Group Corporation

4026 W. 10th Street

4026 W. 10th Street

Indianapolis, Indiana 46222

Indianapolis, Indiana 46222

 

 

5.               Respondent provides a variety of services including printing, graphic design, large format, direct mail and fulfillment.

 

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 16, 2017, 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 a hazardous waste determination on the 55-gallon plastic drum located in the garage room/boom room.  The 55-gallon plastic drum had been on-site for an excessive amount of time and did not have any identifying markings.  In addition, a hazardous waste determination had not been made on the 5-gallon container of soap and water mixture used to clean the waste ink off the machine parts located in the sink room.  The waste water was being poured down the sink to the Publicly Owned Treatment Works (POTW).

 

On July 6, 2018, Respondent submitted the hazardous waste determination on the 55-gallon plastic drum located in the garage room/boom and the 5-gallon container of soap and water mixture used to clean the waste ink off the machine parts.

 

b.       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 May 9, 2018, IDEM issued Respondent an EPA identification number.

 

c.               Pursuant to 329 IAC 3.1-1-11(c), any person who transports, or offers for transportation, a hazardous waste must first obtain an identification number issued by the U.S. EPA.

 

As noted during the inspection, Respondent failed to obtain an EPA identification number prior to offering hazardous waste for transportation.

 

On May 9, 2018, IDEM issued Respondent an EPA identification number.

 

d.               Pursuant to IC 13-22-4-3.1(b), a hazardous waste SQG, i.e., a person that generates, in any one or more calendar months of a calendar year:

 

a)       more than one hundred (100) kilograms but less than one thousand (1,000) kilograms of hazardous waste;

b)       less than one (1) kilogram of acute hazardous waste; or

c)       less than one hundred (100) kilograms of material from the cleanup spillage of acute hazardous waste; or

 

accumulates at least one thousand (1,000) kilograms of hazardous waste or less than one (1) kilogram of acute hazardous waste shall, before March 1 of each year, submit to the department on forms provided by the department, a report that summarizes the person's hazardous waste shipments during the previous calendar year.

 

On May 15, 2018, Respondent submitted several manifests to IDEM’s enforcement section.

 

As noted during the inspection, Respondent shipped to a hazardous waste treatment, storage, and disposal facility.  Respondent did not submit the 2015 and 2016 Annual Manifest Reports to IDEM as required.

 

e.               Pursuant to 40 CFR 262.23(a)(3) and 40 CFR 262.40(a), a generator must keep a copy of each manifest for at least three years from the date the waste was accepted by the initial transporter.

 

As noted during the inspection, Respondent did not maintain all of the required manifest copies for year 2015 on-site.

 

On July 6, 2018, Respondent submitted documentation indicating a record keeping procedure for maintenance of records and designated an employee as the primary person to ensure ongoing compliance.

 

f.                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 satellite accumulation containers with either the words “Hazardous Waste” or with other words describing the contents.  Respondent did not properly mark the following:

 

a)               one (1) 55-gallon drum of hazardous waste D001 located in the graphics area;

b)               one (1) 55-gallon drum of hazardous waste D001 located in the press area;

c)       six (6) 55-gallon drums of hazardous waste D002 located in the pre-press area; and

d)       ten (10) 5-gallon plastic containers of hazardous waste D002 located under the pre-press machine.

 

At the time of the inspection on November 16, 2017, several of the containers were properly labeled.

 

On July 6, 2018, Respondent submitted photos that showed seven (7) 55-gallon drums labeled Hazardous Waste.

 

g.               Pursuant to 40 CFR 262.34(c)(1)(i) referencing 40 CFR 265.173(a), a container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste.

 

As noted during the inspection, Respondent did not store a 55-gallon satellite drum containing D001 hazardous waste located in the press area closed.

 

At the time of the inspection on November 16, 2017, Respondent properly closed the 55-gallon drum of hazardous waste D001.

 

h.               Pursuant to 40 CFR 262.34(d)(2) referencing 40 CFR 265.174, a generator must inspect areas where containers are stored, at least weekly, looking for leaks and deterioration caused by corrosion or other factors.

 

As noted during the inspection, Respondent failed to conduct weekly inspections of the areas where hazardous waste was being stored.

 

On July 6, 2018, Respondent submitted a copy of the weekly inspection form used at the facility.

 

i.                 Pursuant to 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 180 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 clearly mark hazardous waste containers with accumulation start dates on the following:

 

(1)      three (3) 55-gallon drums of D001 located in the press area;

(2)      two (2) 55-gallon drums of D002 located in the garage room/boom room; and

(3)      two (2) 55-gallon drums of D001 located in the garage room/boom room.

 

On July 6, 2018, Respondent submitted documentation that stated a standard procedure for making containers with the accumulation start date for those in the central accumulation area.

 

j.                 Pursuant to 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for 180 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 clearly mark the following hazardous waste containers with the words “Hazardous Waste.”

 

(1)      three (3) 55-gallon drums of D001 located in the press area;

(2)      two (2) 55-gallon drums of D002 located in the garage room/boom room; and

(3)      two (2) 55-gallon drums of D001 located in the garage room/boom room.

 

On July 6, 2018, Respondent submitted documentation that indicated a standard procedure for clearly marking of all hazardous waste containers with “Hazardous Waste” labels.

 

k.               Pursuant to 40 CFR 262.34(d)(5)(i), at all times there must be at least one employee on the premises or on call (i.e. available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures specified.  This employee is the emergency coordinator.

 

As noted during the inspection, Respondent did not have an emergency coordinator.

 

On June 8, 2018, Respondent submitted the name of the emergency coordinator.

 

l.                 Pursuant to 40 CFR 262.34(d)(5)(ii), the generator must post the following information next to the telephone: (1) the name and phone number of the emergency coordinator; (2) location of fire extinguishers and spill control material and, if present, fire alarm; (3) the telephone number of the fire department, unless the facility has a direct alarm.

 

As noted during the inspection, Respondent failed to post the required emergency information next to the telephone.

 

On June 8, 2018, Respondent submitted a photo of the emergency information posted next to the telephone.

 

m.             Pursuant to 40 CFR 262.34(d)(5)(iii), the generator must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies.

 

As noted during the inspection, Respondent failed to ensure that employees were thoroughly familiar with the proper hazardous waste handling and emergency procedures, relevant to their responsibilities.

 

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.               Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall submit to IDEM an annual manifest report for 2016, including the ID Form and the Form OS.  The Form OS and instructions to the ID Form and Form OS can be obtained from IDEM’s web site at http://www.in.gov/idem/landquality/2373.htm.  Both the Form OS and the ID Form can be obtained upon request at:

 

Indiana Department of Environmental Management

Regulatory Reporting Section

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

4.               Within ninety (90) days of the Effective Date, Respondent shall comply with 40 CFR 262.34(d)(5)(iii).  Specifically, Respondent shall ensure that all hazardous waste employees are thoroughly familiar with proper hazardous waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies.

 

5.               Within ninety-five (95) days of the Effective Date, Respondent shall submit to IDEM documentation that hazardous waste training was provided to all hazardous waste personnel.

 

6.               All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

 

Idelia Walker-Glover, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

7.               Respondent is assessed a civil penalty of Twenty Two Thousand Eight Hundred Seventy Five Dollars ($22,875.00).  Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall pay a portion of this penalty in the amount of Four Thousand Five Hundred Seventy Five Dollars ($4,575.00)  Said penalty amount shall be due and payable to the Environmental Management Special Fund.  In lieu of payment of the remaining civil penalty, Respondent performed and completed a Supplemental Environmental Project (“SEP”).  Respondent estimates that this SEP will cost Fifty Thousand Seven Hundred Twenty Five Dollars ($50,725.00).  In the event that the cost of the SEP is less than Thirty Six Thousand Six Hundred Dollars ($36,600.00), Respondent shall pay the difference between the proposed cost of the SEP Thirty Six Thousand Six Hundred Dollars ($36,600.00) and the actual cost of the SEP.

 

8.               As a SEP (Attachment A), Respondent purchased and installed a press wash recycling equipment and ph neutralization equipment.  Installation is projected to significantly reduce hazardous waste and will return the company to a conditionally exempt status.  Implementation of this SEP will reduce the amount of press wash hazardous waste by 95-97%, from 3-4 barrels per month to 2-3 barrels per year.  Installation of the equipment is complete.

 

9.               Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall submit written notice and documentation to IDEM which substantiates all actions taken and the cost incurred with the SEP.  In the event that Respondent does not submit written notice and documentation to IDEM which substantiates all actions taken and the cost incurred with the SEP by May 17, 2019, the full amount of the civil penalty as stated in paragraph 7 above, 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.

 

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

$125 per week or part thereof

4

$125 per week or part thereof

5

$125 per week or part thereof

 

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 April 9, 2019

 

Peggy Dorsey, Assistant Commissioner

 

Office of Land Quality