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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.
2018-25953-H |
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City of bloomington, |
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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 the City of Bloomington
(“Respondent”), which owns/operates the facility with United States
Environmental Protection Agency (“EPA”) ID No. INR000145920, located at 3501
Dunn Street, in Bloomington, Monroe County, Indiana (“Site”).
3.
IDEM has jurisdiction over the parties and the
subject matter of this action.
4.
Respondent agreed to waive the Notice of
Violation and the settlement period of sixty (60) days, as provided by IC
13-30-3-3.
5.
Respondent applied for Large Quantity Generator
(LQG) status in 2018.
6.
Respondent owns/operates the Griffy Water Treatment Plant. The plant was decommissioned
in 1996 and is currently undergoing remediation for mercury contamination and
asbestos removal.
7.
On November 27, 2018, Respondent requested an
extension for hazardous waste accumulated on-site over ninety (90) days. At the
time of the request, a total of nine (9) drums had exceeded the 90-day limit.
Five (5) drums had not exceeded 90 days. On November 29, 2018, a 30-day
extension was approved for the disposal of five (5) drums due to difficulties
finding a disposal company that would accept the waste. On December 12, 2018,
IDEM received a Self-Disclosure and Environmental Audit form from the City of
Bloomington Utilities Department. A total of nine (9) drums and one cubic yard
of hazardous waste were reported to be beyond the allowable 90-day accumulation
timeframe.
8.
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.
9.
Based on a review of the information provided
in the December 12, 2018 Self-Disclosure and Environmental Audit, the following
violations were documented:
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.
On November 21, 2018, Respondent
discovered a violation during a weekly inspection. Hazardous waste was stored
on-site over ninety (90) days. IDEM was notified of the violation on November
27, 2018. The Self-Disclosure and Environmental Audit form was submitted to
IDEM on December 12, 2018. A total of nine (9) drums and one cubic yard of
waste were identified as over the 90-day limit: eight (8) 55-gallon drums of
D009 waste, one (1) fiber cube of D009 waste, and one (1) 55-gallon drum of
D006/PCB6 waste.
Based on a telephone conversation on
March 14, 2019 with James Hall, Assistant Director of Environmental Programs
for the City of Bloomington, a total of five containers were stored onsite
beyond the 90-day limit. Drum D67, containing D006 and PCB6 waste, was stored
for 188 days and transported for disposal on February 18, 2019. Drum D78,
containing PCB6 waste, was stored for 98 days and transported for disposal on
December 7, 2018. Drum D94, containing D009 waste, was stored for 159 days and
transported for disposal on January 15, 2019. Drum D96, containing D009 waste,
was stored for 137 days and transported for disposal on January 15, 2019. Cube
1, containing D009 waste, was stored for 151 days and transported for disposal
on January 15, 2019. Removal of the waste was delayed due to limited disposal
options.
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 in the self-disclosure
documentation, Respondent stored hazardous waste over ninety (90) days without
a RCRA permit. The waste was transported for disposal on December 7, 2018;
January 15, 2019; and February 18, 2019. Removal of the waste was delayed due
to limited disposal options.
c.
Pursuant to IC 13-30-2-1, a person may not do
any of the following: (10) Commence or engage in the operation of a hazardous
waste facility without having first obtained a permit from the department.
As noted in the self-disclosure
documentation, Respondent stored hazardous waste over ninety (90) days without
a RCRA permit. The waste was transported for disposal on December 7, 2018;
January 15, 2019; and February 18, 2019. Removal of the waste was delayed due
to limited disposal options.
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 40 CFR 262.34(b),
40 CFR 270.1(c), and IC 13-30-2-1(10).
Specifically, Respondent shall not store hazardous waste for more than ninety
(90) days without a permit.
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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Amy Elliott, 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 |
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 communications with EPA or any other
agency or entity.
16.
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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Signed
5/21/19______________ |
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Peggy Dorsey, Assistant Commissioner |
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Office of
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