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STATE OF
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BEFORE THE
INDIANA DEPARTMENT OF |
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COUNTY OF
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ENVIRONMENTAL
MANAGEMENT |
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COMMISSIONER
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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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v. |
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Case No. 2018-25256-H |
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Panel Solutions, Inc. d/b/a Tape |
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Technologies, |
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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 Panel Solutions, Inc. d/b/a Tape
Technologies (“Respondent”), which owns/operates the facility with United
States Environmental Protection Agency (“EPA”) ID No. INR 000 145 573 located
at 4829 Green Court, in Elkhart, Elkhart 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:
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Thomas
Zurek, President |
Amanda
Zurek, Registered Agent for |
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Panel
Solutions, Inc. d/b/a |
Panel
Solutions, Inc. d/b/a |
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Tape
Technologies |
Tape
Technologies |
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5015 Verdant
Dr. |
5015 Verdant
Dr. |
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Elkhart,
Indiana 46516 |
Elkhart,
Indiana 46516 |
5.
Respondent notified EPA of Small Quantity
Generator (“SQG”) activities on May 16, 2018.
6.
Respondent’s business involves a doming process
that mixes polyol and catalyst which when mixed creates a solid three
dimensional object that can be used in creating many other products. Respondent creates tile panels using this
process that are then used in home repair, construction and RV manufacturing.
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 March 6, 2018 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 proper hazardous waste determination on the waste cleaner
flush generated from the doming machines which is a mixture of waste Dibasic
Ester (“DBE”), polyol and a catalyst, which was a solid waste generated by
Respondent.
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.
Respondent has notified the Commissioner
of SQG hazardous waste activities on May 16, 2018.
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.
Respondent has obtained an EPA
identification number on May 16, 2018.
d. 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 inspection,
Respondent offered hazardous waste for transportation for offsite treatment,
storage, or disposal without preparing a manifest. Specifically, Respondent offered waste DBE for
transportation on a Non RCRA Regulated Manifest (Manifest document Nos. 02718
and 04242017) to a permitted treatment, storage and disposal facility (“TSDF”)
on February 7, 2018 and April 24, 2017.
A portion of this waste DBE was determined to be a hazardous waste
(D001, D035). The shipment in 2018 was for
six (6) fifty-five gallon drums and in 2017 for eight (8) fifty-five gallon
drums of waste DBE (D001, D035). The
hazardous waste was remanifested to the TSDF on
Uniform Hazardous Waste Manifest Tracking Numbers 000301264 MWI and 000218558
MWI respectively.
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 inspection,
Respondent caused or allowed the transportation of a hazardous waste without a
manifest as required by law. Specifically, Respondent offered waste DBE for
transportation on a Non RCRA Regulated Manifest (Manifest document Nos. 02718
and 04242017) to a permitted TSDF on February 7, 2018 and April 24, 2017. A portion of this waste DBE was determined to
be a hazardous waste (D001, D035). The
shipment in 2018 was for six (6) fifty-five gallon drums and in 2017 for eight
(8) fifty-five gallon drums of waste DBE (D001, D035). The hazardous waste was remanifested
to the TSDF on Uniform Hazardous Waste Manifest Tracking Numbers 000301264 MWI
and 000218558 MWI respectively.
f. 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 and 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.
Respondent most recently notified IDEM
of SQG activities at the Site on May 16, 2018.
IDEM verified that Respondent generated SQG amounts of hazardous
waste. The waste was shipped to a
hazardous waste TSDF. Respondent should
have submitted a 2017 annual manifest report by March 1, 2018.
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,
rules, and/or permit conditions listed in the findings above.
3.
Upon the Effective Date of the Agreed Order,
Respondent shall comply with 40 CFR 262.34.
Specifically, Respondent shall comply with all applicable hazardous
waste generator regulations.
4.
Upon the Effective Date of the Agreed Order,
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.
5.
Within thirty (30) days of the Effective Date
of the Agreed Order, Respondent shall comply with 40 CFR 262.11. Specifically, Respondent shall submit a waste
determination for the waste cleaner flush generated from the doming machines
which is a mixture of waste DBE, polyol and a catalyst, which was a solid waste
generated by Respondent. The
documentation shall include analysis of the waste, the quantities generated per
month and the disposition of the waste cleaner flush.
6.
Within thirty (30) days of the Effective Date
of the Agreed Order, Respondent shall submit an annual manifest report for 2017,
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:
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Indiana Department of Environmental
Management |
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Regulatory Reporting Section |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
7.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
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Christina Halloran, Enforcement Case
Manager |
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Office of Land Quality |
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Indiana Department of Environmental
Management |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
8.
Respondent is assessed and agrees to pay a
civil penalty of Five Thousand Two Hundred Dollars ($5,200). 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”.
9.
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:
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Paragraph |
Penalty |
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Order
paragraph # 5 |
$100/week |
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Order
paragraph # 6 |
$100/week |
10.
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.
11.
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 |
12.
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 11, above.
13.
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.
14.
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.
15.
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.
16.
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.
17.
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.
18.
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.
19.
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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Linda L.
McClure, Section Chief |
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Enforcement
Section |
Printed: ______________________ |
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Office of
Land Quality |
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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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DAY
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________________________,
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For the
Commissioner: |
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Signed
07/08/2019 By: |
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Peggy Dorsey, Assistant Commissioner |
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Office of
Land Quality |
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