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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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Case No. 2019-25939-H |
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Midwestern Steel fabricators Chicago, 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 Indiana Code (“IC”) 13-13-1-1.
2.
Respondent is Midwestern Steel Fabricators
Chicago LLC (“Respondent”), which owns/operates the facility with United States
Environmental Protection Agency (“EPA”) ID No. INR000000539, located at 1745
165th Street, Building 5, in Hammond, Lake 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”) via Certified Mail to:
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Anthony Tomich, COO |
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Midwestern
Steel Fabricators Chicago, LLC |
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1745 165th
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Hammond, IN
46320 |
5.
At the time of the investigation, Respondent had
not notified the U.S. EPA or IDEM of hazardous waste activities but was
operating as a small quantity generator as well as a hazardous waste storage
facility due to the volume of waste accumulated on-site. Subsequent to the investigation,
Respondent notified of Small Quantity Generator activities on February 17,
2019, and was assigned the U.S. EPA identification number of INR000000539.
6.
Midwestern Steel Fabricators Chicago LLC
creates custom steel designs for structural steel applications. Respondent receives steel plates, beams, and
bars. The components are then cut,
punched, burned, and welded to custom designs.
Occasionally, some parts will be coated with a primer using a handheld
sprayer.
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 January 10, 2019, 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 hazardous waste determinations on dust from the cutting
and burning operations, which was solid waste generated by Respondent.
Also as noted during the inspection,
Respondent did not make a proper waste determination on solvent-contaminated
wipes and mop heads that contain a F005 listed hazardous waste. The wipes and mop heads were placed inside a
55-gallon drum. The 55-gallon drum was
placed inside a solid waste dumpster for disposal.
On February 1, 2019, Respondent provided
analytical results on the dust from the cutting and burning operations
documenting that the waste is non-hazardous.
On August 8, 2019, Respondent provided the
waste profile and hazardous waste manifest 020755314 JJK for the solvent-contaminated
wipes and mop heads documenting the waste is hazardous.
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.
Subsequent to the inspection, Respondent
submitted a Hazardous Waste Handler Identification Form on January 11,
2019. Respondent changed its status to
small quantity generator on the Hazardous Waste Handler Identification Form
submitted on February 7, 2019.
c. Pursuant to 40 CFR 262.12(c), a
generator must not offer its hazardous waste to transporters or to treatment,
storage, or disposal facilities that have not received an EPA identification
number.
As noted during the inspection,
Respondent sent its hazardous waste to a transporter/treatment, storage, or
disposal facility that did not have an EPA identification number when it
disposed of solvent-contaminated wipes and mop heads that contain a F005 listed
hazardous waste. The wipes and mop heads
were placed inside a 55-gallon drum. The
55-gallon drum was placed inside a solid waste dumpster for disposal.
On August 8, 2019, Respondent provided the
waste profile and hazardous waste manifest 020755314 JJK for the
solvent-contaminated wipes and mop heads documenting disposal as a hazardous
waste by a transporter and treatment, storage, or disposal facility who have
received an EPA identification number.
d. 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 when it disposed of solvent-contaminated wipes and
mop heads that contain a F005 listed hazardous waste as non-hazardous.
On August 8, 2019, Respondent provided the
waste profile and hazardous waste manifest 020755314 JJK for the
solvent-contaminated wipes and mop heads documenting disposal as a hazardous
waste.
e. Pursuant to 40 CFR 268.50(a), the
storage of hazardous waste restricted from land disposal is prohibited without
meeting the conditions as provided in Subpart E of 268.
As noted during the investigation,
Respondent stored hazardous waste restricted from land disposal without meeting
the conditions as provided in Subpart E of Part 268.
On January 29, 2019, Respondent provided
hazardous waste manifest 019526711 JJK and an accompanying Land Disposal
Restriction Form to IDEM, documenting the removal of seventeen (17) drums of
D001 from the site. The hazardous waste stored on-site and shipped on manifest
019526711 JJK contained a listed hazardous waste (F003, F005) and therefore
should have been manifested as such.
On September 11, 2019, Respondent
provided a copy of hazardous waste manifest 019526711 JJK and an accompanying
Land Disposal Restriction Form documenting the correction to the waste codes.
f. Pursuant to 40 CFR 261.5(g)(2), the
conditionally exempt small quantity generator may accumulate hazardous waste
on-site. If he accumulates at any time
1,000 kilograms or greater of hazardous waste, all of the accumulated wastes
are subject to regulation under the special provisions of Part 262 applicable
to generators of greater than 100 kg and less than 1,000 kg of hazardous waste
in a calendar month as well as the requirements of parts 263 through 268, and
parts 270 and 124 of this chapter, and the applicable notification requirements
of section 3010 of RCRA. The time period
of 40 CFR 262.34(d) for accumulation of wastes on-site begins for a
conditionally exempt small quantity generator when the accumulated wastes equal
or exceed 1,000 kilograms.
As noted during the inspection,
Respondent had stored eight (8) 55-gallon containers of F003/F005 and one (1)
55-gallon container of F005 on-site exceeding the 1,000 kilograms allowance for
conditionally exempt small quantity generators.
On January 29, 2019, Respondent provided
hazardous waste manifest 019526711 JJK to IDEM, documenting the removal of
seventeen (17) drums of D001 from the site.
g. Pursuant to 40 CFR 262.34(d), a
generator who generates greater than 100 kilograms but less than 1000 kilograms
of hazardous waste in a calendar month and who accumulates hazardous waste for
more than 180 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 180 day period.
As noted during the inspection,
Respondent stored eight (8) 55-gallon containers of F003/F005 and one (1)
55-gallon container of F005 on-site for greater than 180 days without complying
with 40 CFR Part 264 and 40 CFR Part 270.
On January 29, 2019, Respondent provided
hazardous waste manifest 019526711 JJK to IDEM, documenting the removal of
seventeen (17) drums of D001 from the site.
h. 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
permit from the department when it accumulated and stored greater than 2,200
pounds of hazardous waste comprised of eight (8) 55-gallon containers of
F003/F005 and one (1) 55-gallon container of F005 on-site for greater than 180
days.
On January 29, 2019, Respondent provided
hazardous waste manifest 019526711 JJK to IDEM, documenting the removal of
seventeen (17) drums of D001 from the site.
i. 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 greater than 2,200 pounds of hazardous waste comprised of
eight (8) 55-gallon containers of F003/F005 and one (1) 55-gallon container of
F005 on-site for greater than 180 days that is identified or listed in 40 CFR
Part 261 without a permit.
On January 29, 2019, Respondent provided
hazardous waste manifest 019526711 JJK to IDEM, documenting the removal of
seventeen (17) drums of D001 from the site.
j. 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 one (1) container of spent solvent and one (1) container
of solvent-contaminated wipes 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.
On August 8, 2019, Respondent provided
photo documentation of satellite accumulation containers properly marked with
either the words “Hazardous Waste” or with other words describing the contents.
k. 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 the following hazardous waste containers closed: one
(1) container of spent solvent and one (1) container of solvent-contaminated
wipes.
On August 8, 2019, Respondent provided
photo documentation of hazardous waste containers stored closed.
l. Pursuant to 40 CFR 262.34(d)(2)
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 one (1) 55-gallon container of solvent-contaminated
wipes closed.
On August 8, 2019, Respondent provided
photo documentation of hazardous waste containers stored closed.
m. 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 eight (8) 55-gallon containers of F003/F005 and one (1) 55-gallon
container of F005 with accumulation start dates.
On August 8, 2019, Respondent provided
photo documentation of hazardous accumulation containers marked with
accumulation start dates.
n. 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
mark eight (8) 55-gallon containers of F003/F005 and one (1) 55-gallon
container of F005 with the words "Hazardous Waste."
On August 8, 2019, Respondent provided
photo documentation of hazardous waste accumulation containers marked with the
words “Hazardous Waste.”
o. 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 container storage area
located south of the painting area, west wall.
On August 8, 2019, Respondent provided
documentation of weekly inspections of the container storage area are being
conducted and documented.
p. Pursuant to 40 CFR 262.34(d)(4)
referencing 40 CFR 265.35, a generator must maintain adequate aisle space to
allow the unobstructed movement of personnel, fire protection, spill control,
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 the container storage area located south of the painting area, west
wall.
On
August 8, 2019, Respondent provided photo documentation of required aisle space
maintained in the container storage area.
q. Pursuant to
40 CFR 262.34(d)(5)(ii), the generator must post the
following information next to the telephone: (A) The name and phone number of
the emergency coordinator. (B) Location of fire extinguishers and spill control
material, and, if present, fire alarm. (C) 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 September 11, 2019, Respondent
provided photo documentation of emergency information posted next to a
telephone.
r. 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 all employees are thoroughly familiar with
proper waste handling and emergency procedures, relevant to their
responsibilities during normal facility operations.
On August 8, 2019, Respondent provided
documentation of the employee training program.
s. Pursuant to 329 IAC 13-4-3(d),
generators must label all used oil containers and aboveground tanks with the
words “Used Oil.”
As noted during the inspection,
Respondent did not label two (2) ten-gallon containers of used oil with the
words “Used Oil.”
On August 8, 2019, Respondent provided
photo documentation of used oil containers labeled as “Used Oil.”
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.
All submittals required by this Agreed Order, unless
Respondent is notified otherwise in writing by IDEM, shall be sent to:
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Debbie Chesterson, 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 |
4.
Respondent is assessed and agrees to pay a
civil penalty of Twenty-Two Thousand Seven Hundred and Fifty Dollars ($22,750). Said penalty amount shall be due and payable
to the “Environmental Management Special Fund” in four (4) consecutive
quarterly installments over a one (1) year period in the amount of Give
Thousand Six Hundred and Eighty-Seven Dollars and Fifty Cents ($5,687.50). Said penalty shall be due and payable to the
Environmental Special Fund within thirty (30) days of the Effective Date; the
30th day being the “Due Date.” The next consecutive quarterly
installment shall be due on or before the last day of the due month following
the first quarterly installment.
5.
Civil 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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Accounts
Receivable |
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IGCN,
Room 1340 |
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100
North Senate Avenue |
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Indianapolis, IN 46204 |
6.
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 5, above.
7.
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.
8.
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.
9.
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.
10.
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.
11.
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.
12.
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.
13.
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.
14.
This Agreed Order shall remain in effect until
IDEM issues a Resolution of Case letter to Respondent.
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TECHNICAL
RECOMMENDATION: |
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Department of Environmental Management |
RESPONDENT: |
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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: __________________ |
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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
THIS |
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DAY OF |
______________________, 20____. |
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For the Commissioner: |
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Signed 10/8/19 |
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Peggy Dorsey, Assistant Commissioner |
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Office of Land Quality |
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