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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
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Complainant, |
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v. |
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Case No. 2018-25129-H |
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Dover fluid management, Inc. |
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d/b/a COOK
COMPRESSION, |
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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 Dover Fluid Management, Inc.,
d/b/a Cook Compression (“Respondent”), which owns and/or operates the facility with
United States Environmental Protection Agency (“EPA”) ID No. INR000127084,
located at 2540 Centennial Blvd., in Jeffersonville, Clark 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 April 10, 2018 via Certified Mail to:
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Soma
Somasundaram, President |
Corporation
Service Company |
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Dover
Fluid Management, Inc |
Registered
Agent for Dover Fluid |
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d/b/a
Cook Compression |
Management,
Inc., d/b/a Cook Compression |
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3005
Highland Parkway, Suite 200 |
135
North Pennsylvania Street, Suite 1610 |
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Downers
Grove, IL 60515 |
Indianapolis,
IN 46204 |
5.
Respondent notified EPA of Large Quantity
Generator activities on February 28, 2017, and re-notified as a Small Quantity
Generator via email on August 21, 2018.
6.
Respondent manufactures sealing components for
natural gas compressor units. The process utilizes a variety of material
including Teflon, peek materials, and metal alloys.
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 February 14, 2018, conducted by
representatives of IDEM, the following violations were found:
a. Pursuant to IC 13-30-2-1(10), 40 CFR
262.34(b), and 40 CFR 270.1(c), a generator who accumulates hazardous waste for
more than ninety (90) days is an operator of a storage facility and is subject
to the requirements of 40 CFR 264 and 265 and the permit requirements of 40 CFR
270 unless he is granted an extension to the 90 day period, and 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 two (2) 55-gallon drums of D008 lapping sludge stored outside
for greater than ninety (90) days. Respondent submitted information to IDEM on
August 20, 2018 providing documentation of the shipment for disposal of the two
(2) drums of D008 lapping sludge.
b. 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.
c.
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."
d. Pursuant to 40 CFR 262.34(a)(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 eight (8) 55-gallon drums and two (2) collection
hoppers of hazardous waste closed.
e. Pursuant to 40 CFR 262.34(a)(1)(i) 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 hazardous waste storage
areas. Respondent submitted information to IDEM on August 20, 2018 providing a
weekly inspection checklist.
f. Pursuant to 40 CFR 262.34(a)(4)
referencing 40 CFR 265.31, facilities must be maintained and operated to
minimize the possibility of a fire, explosion, or any unplanned sudden or
non-sudden release of hazardous waste or hazardous waste constituents to air,
soil, or surface water which could threaten human health or the environment.
As noted during the inspection,
Respondent failed to properly manage two (2) open 55-gallon drums near a
clogged self-contained pit at the edge of the concrete bay area outside the
Porter Room to minimize a release to the environment. Respondent provided
documentation to IDEM stating that the waste was non-hazardous and the pit is
monitored and pumped of fluid and cleared of debris as needed.
9. 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, and
rules listed in the findings above.
3.
Upon the Effective Date, Respondent shall mark
hazardous waste containers with accumulation start dates.
4.
Upon the Effective Date, Respondent shall label
or clearly mark hazardous waste containers with the words "Hazardous
Waste."
5.
Upon the Effective Date, Respondent shall store
all containers of hazardous waste closed except when it is necessary to add or
remove waste.
6.
Respondent is assessed and agrees to pay a
civil penalty of eight thousand four hundred dollars ($8,400). 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”.
7.
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 |
8.
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 6, above.
9.
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.
10.
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.
11.
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.
12.
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.
13.
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.
14.
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.
15.
This Agreed Order shall remain in effect until
IDEM issues a Resolution of Case letter to Respondent.
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TECHNICAL RECOMMENDATION: |
RESPONDENT: |
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Department of Environmental Management |
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By: _________________________ |
By:
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Nancy
Johnston, Section Chief |
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Enforcement
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Printed: ______________________ |
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Office of
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Title: ________________________ |
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Date: __________________ |
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
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For the
Commissioner: |
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10/19/18________________________ |
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Peggy Dorsey, Assistant Commissioner |
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Office of
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