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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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Complainant, |
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v. |
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Case No. 2018-25611-H |
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CYLICRON, LLC, |
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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 Indiana Code (“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 IC 13-13-1-1.
2.
Respondent is Cylicron,
LLC (“Respondent”), which owns/operates the facility with U.S. EPA I.D. Number
INR 000110155, located at 5171 Maritime Road, 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 January 8, 2019 via Certified Mail to:
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Karen S.
Cain, Registered Agent |
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Cylicron, LLC |
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5171
Maritime Road |
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Jeffersonville,
IN 47130 |
5.
Respondent manufactures industrial rollers and
cylinders for a variety of industries, including but not limited to,
rotogravure and flexographic printing, textiles, food processing, glass, and
coatings. Respondent notified for large quantity
hazardous waste activities on February 22, 2018 for the upcoming
decommissioning and dismantling of the facility’s copper plating line. Prior to February 22, 2018, Respondent
operated as a Conditionally Exempt Small Quantity Generator.
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 August 14, 2018, 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 for greater than ninety (90) days: five (5) 55-gallon
containers of D002 hazardous waste; four (4) 1-gallon containers of D001 and D035
hazardous waste; and 5-gallon, 30-gallon, 20-gallon, and 2-gallon containers of
multi-coded laboratory hazardous waste in a container storage area inside the
Out Building. Additionally, Respondent
stored for greater than ninety (90) days: two (2) 55-gallon; eight (8) 1-gallon; and one
(1) 5-gallon containers of laboratory chemicals on stock shelves in the area
where those chemicals had been stored when a former copper plating line operated
and after deciding to discard those chemicals.
Respondent stored containers of hazardous waste for approximately one
month longer than ninety (90) days without complying with 40 CFR Part 264 and
40 CFR Part 270.
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 five (5) 55-gallon containers of D002 hazardous waste, four
(4) 1-gallon containers of D001and D035 hazardous waste, and 5-gallon,
30-gallon, 20-gallon, and 2-gallon containers of multi-coded laboratory
hazardous waste in a container storage area inside the Out Building without a Resource
Conservation and Recovery Act (“RCRA”) Part B Hazardous Waste Treatment,
Storage, or Disposal (“TSD”) permit. Additionally,
Respondent stored two (2) 55-gallon, eight (8) 1-gallon, and one (1) 5-gallon
containers of laboratory chemicals on
stock shelves in the area where those chemicals had been stored when a former
copper plating line operated and after deciding to discard those chemicals,
without a RCRA Part B Hazardous Waste TSD permit.
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 RCRA
Part B Hazardous Waste TSD permit from the department.
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 which required a RCRA Part B Hazardous Waste TSD permit.
e. Pursuant to 40 CFR 262.34(c)(1)(i) and 40
CFR 262.34(a)(1)(i) referencing 40 CFR 265.173(a), containers 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 closed one (1) 55-gallon satellite accumulation container
used to store D001 hazardous waste generated from the puncturing of aerosol cans. Additionally, Respondent did not store two
(2) plastic 55-gallon containers of solidified D002 hazardous waste closed in the
less than 90-day accumulation area in the Out Building.
f.
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 the less than 90-day
hazardous waste storage area located inside the Out Building.
g.
Pursuant to 40 CFR 262.34(a)(4) referencing 40
CFR 265.35, a generator must maintain aisle space to allow the unobstructed
movement of personnel, fire protection equipment, spill control equipment, and
decontamination equipment to any area of facility operation in an emergency.
As noted during the inspection,
Respondent failed to provide the required aisle space in a hazardous waste storage
area located inside the Out Building. Specifically, hazardous waste containers
were positioned so close to each other that the containers could not be
adequately inspected.
h. Pursuant
to 40 CFR 262.34(c)(1)(ii), a generator may accumulate
as much as 55 gallons of hazardous waste or one quart of acutely hazardous
waste in containers at or near any point of generation without complying with
40 CFR 262.34(a), provided that the containers are marked with either the words
“Hazardous Waste” or other words describing the contents.
As noted during the inspection,
Respondent accumulated D001 ignitable hazardous waste from the puncturing of
aerosol cans in one (1) 55-gallon container at or near the point of generation
without a permit and did not properly mark the satellite accumulation container
with either the words “Hazardous Waste” or with other words describing the
contents.
i. 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 in the less than 90-day hazardous waste storage
areas with accumulation start dates.
j. Pursuant to 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site,
without a permit, provided that, while being accumulated on-site, each
container or tank is labeled 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.”
k. 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 employees with initial and annual hazardous waste
training which meets the RCRA requirements for LQGs.
l. Immediately after the August 14, 2018
inspection, Respondent closed the 55-gallon container described in paragraph
I.7.h above and marked it with the words “Hazardous Waste.”
m. With shipments on September 11, 2018 and
on September 27, 2018, Respondent removed all of the above-described hazardous
waste and laboratory chemicals from the Site other than the contents of the
55-gallon container described in paragraph I.7.h above and had them transported
to a permitted RCRA Part B Hazardous Waste TSD facility.
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.
Upon the Effective Date, Respondent shall
ensure that as long as it remains a large quantity generator of hazardous
waste, it does not accumulate hazardous waste for more than 90 days without a
permit or without complying with 40 CFR 264.
4.
Upon the Effective Date, and for as long as
Respondent remains a large quantity generator of hazardous waste, Respondent
shall comply with all applicable requirements of 40 CFR 262, including but not
limited to, the following:
a.
40 CFR 262.34(c)(1)(i) and 40 CFR 40 CFR
262.34(a)(1)(i) referencing 40 CFR 265.173(a) by keeping satellite accumulation
and less than 90-day hazardous waste containers closed except when it is
necessary to add or remove waste;
b.
40 CFR 262.34(c)(1)(ii) by clearly marking satellite
accumulation containers with the words
“Hazardous Waste” or other words identifying the contents;
c.
40 CFR 262.34(a)(4) referencing 40 CFR 265.35
by maintaining adequate aisle space in less than 90-day accumulation areas to
allow the unobstructed movement of personnel, fire protection, spill control,
and decontamination equipment to any area of facility operation in an
emergency;
d.
40 CFR 262.34(a)(4) referencing 40 CFR
262.34(a)(2) by marking the date when accumulation begins on each less than
90-day hazardous waste container; and
e.
40 CFR 262.34(a)(4)
referencing 40 CFR 262.34(a)(3) by labeling each container of hazardous waste
with the words “Hazardous Waste”.
5.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
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Jennifer Reno, Enforcement Case
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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 |
4.
Respondent is assessed and agrees to pay a
civil penalty of Eighteen Thousand Dollars ($18,000.00). Said penalty amount shall be
due and payable to the Environmental Management Special Fund in four (4)
installments. The quarterly installment
payments shall be $4500.00. The first
installment shall be due thirty (30) days after the Effective Date and
remaining installment payments shall be made every ninety (90) days thereafter.
6.
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.
The civil penalty is 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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Accounts Receivable |
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IGCN, Room N1340 |
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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 7, 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.
Nothing in this Agreed
Order shall prevent IDEM or anyone acting on its behalf from communicating with
the EPA or any other agency or entity about any matters relating to this
enforcement action. IDEM or anyone
acting on its behalf shall not be held liable for any costs or penalties
Respondent may incur as a result of such communication with the EPA or any
other agency or entity.
16.
This Agreed Order resolves all violations
described above in I. Findings of
Fact herein.
17.
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:
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By: _________________________ |
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Linda
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Land
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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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Signed on
8/26/2019_________ |
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Peggy Dorsey |
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Assistant
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Office of
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