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STATE OF
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BEFORE THE
INDIANA DEPARTMENT OF |
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COUNTY OF
MARION |
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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. 2018-25886-H |
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Heritage Research Group, |
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Respondents. |
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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 Heritage Research Group
(“Respondent”), which owns/operates Heritage Research Group with United States
Environmental Protection Agency (“EPA”) ID No. INR 000 144 428, located at 6320
Intech Way, 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:
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Mr.
David L. Franz, President |
Mr. Herb
Wissel, Laboratory Manager |
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Ace
Commercial Development, LLC |
Heritage
Research Group |
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5400 W 86th
Street |
6320 Intech
Way |
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Indianapolis,
IN 46268 |
Indianapolis,
IN 46278 |
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CT
Corporation System, Registered Agent for |
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Ace
Commercial Development, LLC |
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150 West
Market Street, Suite 800 |
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Indianapolis,
IN 46204 |
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5.
Respondent notified EPA of Small Quantity
Generator activities on July 28, 2017. During
2018, the year of the inspection, Respondent signed manifests showing that it
was a Large Quantity Hazardous Waste generator.
6.
Respondent’s facility is a research laboratory
exploring opportunities to find alternatives to waste stream disposal.
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 December 4, 2018 conducted by a representative of IDEM, the following
violations were found:
a. Pursuant to 40 CFR 262.20(a), a
generator who sends hazardous waste off-site must ensure that manifests are
fully filled out and contain accurate information.
Item 1: Enter the generator's U.S. EPA twelve digit identification number, or the State generator
identification number if the generator site does not have an EPA identification
number.
Item 5: Enter the physical site address from which
the shipment originates only if the address is different from the mailing
address.
As noted during the inspection,
Respondent did not include all of the required
information on two (2) hazardous waste manifest shipments in 2018.
Specifically, hazardous waste manifests 000854207 WAS and 000854295 WAS
incorrectly listed the EPA identification number and generator’s address for Respondent’s
former location. Respondent moved from the 7901 W. Morris St. location to their
current location in 2017. Therefore, the EPA identification number and address
for the former site should no longer be utilized by the facility.
The
two manifests were corrected on 3/29/18. Respondent’s representatives were unclear as
to who made the corrections and if the receiving facility had been informed of
the error.
b.
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 container inspections prior to the week of
May 4, 2018. Respondent did generate
hazardous waste during this time period based on the hazardous waste manifest
records.
In Respondent’s submittal dated July 19,
2019, Respondent contends the container weekly inspections were being conducted
but not documented prior to the week of May 4, 2018.
c. Pursuant to 40 CFR 262.34(a)(4)
referencing 40 CFR 265.51, a generator must have a contingency plan for the
facility.
As noted during the inspection,
Respondent did not have a contingency plan.
d.
Pursuant to 40 CFR 262.34(a)(4) referencing 40
CFR 265.16(d)(1-4), certain hazardous waste training related documents and
records including job title, job descriptions, a description of the type and
amount of required training, and completion documents with respect to the
hazardous waste management training must be maintained on-site.
As noted during the inspection,
Respondent did not maintain all of the required
hazardous waste training related documents and records on-site. Specifically, job titles, job descriptions, a
description of the type and amount of required training with respect to the
hazardous waste management were unavailable during the inspection.
Hazardous
waste training certificates from 2018 were provided for Randall Short, Perry Eyster, and Erin Clark during the inspection.
e.
Pursuant to 40 CFR 261.4(a)(26)(i) and 329 IAC 3.1-6-2(13), solvent-contaminated wipes that
are sent for cleaning and reuse are not solid wastes from the point of
generation, provided that the solvent-contaminated wipes, when accumulated,
stored, and transported, are labeled “Excluded Solvent-Contaminated Wipes” or
with other words indicating the contents of the container.
As
noted during the inspection, solvent-contaminated wipe containers located in
the Asphalt Modification Lab, Petroleum Asphalt Lab, Asphalt Mix Design Lab,
Petroleum Distillation Lab, Prep Lab, and Synthesis Lab were not labeled as
"Excluded Solvent-Contaminated Wipes" or with other words to identify
the contents. Each lab listed above had one container of wipes.
This violation was corrected during the inspection.
f.
Pursuant to 40 CFR 261.4(a)(26)(v)(A), (B), and
(C), generators must maintain at their site the following documentation: the
name and address of the laundry or dry cleaner that is receiving the
solvent-contaminated wipes; documentation that the 180-day accumulation time
limit in 40 CFR 261.4(a)(26)(ii) is being met; and a description of the process
the generator is using to ensure the solvent-contaminated wipes contain no free
liquids at the point of being laundered or dry cleaned on-site or at the point
of being transported off-site for laundering or dry cleaning.
As
noted during the inspection, Respondent did not have documentation available describing
the process being used to ensure the solvent-contaminated wipes contain no free
liquids at the point of being transported off-site for laundering.
9.
Effective December 26, 2019, IDEM’s Hazardous
Waste Updates final rule (LSA Document #18-481) amended 329 IAC 3.1, 329 IAC
10, 329 IAC 11, and 329 IAC 13 in response to the United States Environmental
Protection Agency’s Hazardous Waste Generator Improvements Rule, 81 Fed. Reg.
85732 (Nov. 28, 2016). As a result, the
requirements that now apply to Respondent might differ from the requirements
that applied at the time of the alleged violations cited above.
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.
Within thirty (30) days of Effective Date,
Respondent shall comply with 40 CFR 262.16(b)(8)(vi)(A)(B). Specifically, Respondent shall attempt to make arrangements with the local police department, fire
department, other emergency teams, emergency response contractors, equipment
suppliers and local hospitals. Submit to
IDEM within thirty (30) days documentation confirming that arrangements actively
exist with the appropriate local authorities or if no arrangements exist attempts
have been made. Ensure this
documentation is maintained onsite in Respondents operating record.
4.
Within thirty (30) days of the Effective Date,
Respondent shall submit to IDEM job titles, job descriptions, and a description
of the type and amount of required training for employees whose duties include
hazardous waste management. Include in
this submittal documentation for Randall Short, Perry Eyster,
Erin Cook, and any other employees whose duties include hazardous waste
management.
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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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 |
6.
Respondent is assessed and agree to pay a civil
penalty of Four Thousand and Six Hundred Dollars ($4,600). 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.
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 # 3 |
$100/week |
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Order paragraph # 4 |
$100/week |
8.
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 violations 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.
9.
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 |
10.
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 10, above.
11.
This Agreed Order shall apply to and be binding
upon Respondent and their 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 their status or
responsibilities under this Agreed Order.
12.
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.
13.
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.
14.
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 their obligation to comply with the requirements of its applicable permits
or any applicable Federal or State law or regulation.
15.
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.
16.
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.
17.
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 communications with EPA or any other agency or
entity.
18.
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 |
HERITAGE RESEARCH GROUP |
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By: _________________________ |
By:
_________________________ |
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Linda
McClure, Section Chief |
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Enforcement
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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
06/23/2020 By: |
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Peggy Dorsey, Assistant Commissioner |
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Office of
Land Quality |
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