STATE OF INDIANA

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SS:

BEFORE THE INDIANA DEPARTMENT OF

 

)

 

 

COUNTY OF MARION

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ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT

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OF ENVIRONMENTAL MANAGEMENT,

 

)

 

 

 

)

 

Complainant,

 

)

 

 

 

)

 

 

v.

 

)

Case No. 2019-25960-H

 

 

)

 

Greenville Technology Inc.,

 

)

 

 

 

)

 

Respondent.

 

)

 

 

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 Greenville Technology Inc.  (“Respondent”), which owns/operates the facility with United States Environmental Protection Agency (“EPA”) ID No. INR000135863, located at 3511 West 73rd St., in Anderson, Madison 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:

 

Yasushi Nakao

Craig Wiley

President and CEO

Registered Agent

5755 State Route 571 East

10 West Market St. #2400

Greenville, OH 45331

Indianapolis, IN 46204

 

5.            Respondent notified EPA of Large Quantity Generator activities.

 

6.            Respondent owns/operates a plastic injection molding manufacturing facility that supplies the automotive industry.

 

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 7, 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 a hazardous waste determination on one (1) 55-gallon container of aerosol paint waste in the maintenance area which was solid waste generated by the Respondent.

 

Also as noted during the inspection, Respondent did not make a proper hazardous waste determination for solvent-contaminated personal protective equipment (“PPE”) and wipes.  The PPE and wipes contain a listed hazardous waste (F005) and were being commingled with trash in 10-gallon containers.  Due to the commingling, the entire contents of the 10-gallon container are considered a F005 hazardous waste.

 

On August 15 and August 20, 2019, Respondent provided the waste profiles for the empty aerosol cans and solvent-contaminated PPE and wipes.  The aerosol cans will be managed as a D001 hazardous waste.  The solvent-contaminated PPE and wipes will be managed as a F003, F005, D001, and D035 hazardous waste.  Photo documentation of the aerosol can paint waste container and solvent-contaminated PPE and wipes container labeled as “Hazardous Waste” were also provided.

 

b.         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 commingled PPE, wipes, and trash (F005) as a non-hazardous waste.

 

c.            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 when it disposed of commingled PPE, wipes, and trash (F005) as a non-hazardous waste.

 

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 commingled PPE, wipes, and trash (F005) as a non-hazardous waste.

 

e.            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 did not properly mark satellite accumulation containers with either the words “Hazardous Waste” or with other words describing the contents in the following areas:  eighteen (18) 5-gallon containers located at the exterior paint booth, four (4) 5-gallon containers at the interior paint booth, one (1) 55-gallon container in the mix room, three (3) 10-gallon containers of commingled PPE, wipes, and trash at the exterior paint booth, and one (1) 10-gallon container of commingled PPE, wipes, and trash in the mix room.

 

On January 7, 2019, Respondent provided photo documentation of one 5-gallon container of hazardous waste properly labeled via email.  Respondent stated in the email that twenty-two (22) containers had been corrected.

 

On August 15, 2019, Respondent provided photo documentation of the 55-gallon container in the mix room, 55-gallon container of solvent-contaminated PPE and wipes, and 55-gallon container of aerosol paint waste properly labeled as “Hazardous Waste.”

 

On August 20, 2019, Respondent provided additional photo documentation of the twenty-two (22) 5-gallon containers of hazardous waste properly labeled.

 

f.             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:  eighteen (18) 5-gallon containers located in the exterior paint booth, four (4) 5-gallon containers located in the interior paint booth, and one (1) 55-gallon container located in the mix room.

 

On January 7, 2019, Respondent provided photo documentation of two (2) 5-gallon containers of hazardous waste stored closed via email.  Respondent stated in the email that twenty-two (22) containers had been corrected.

 

On August 15, 2019, Respondent provided photo documentation of the 55-gallon container in the mix room properly closed.

 

g.            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.  An emergency action plan was available for review at the facility, but the emergency action plan did not meet the requirements of a contingency plan.

 

On August 15, 2019, Respondent provided a copy of the contingency plan.

 

h.            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 hazardous waste training within six months of the hire date nor an annual review of hazardous waste training to those individuals managing hazardous waste.

 

On August 20 and August 28, 2019, Respondent provided documentation of hazardous waste training completed in 2017, 2018, and 2019.

 

i.              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.  Job titles, job descriptions, a description of the type and amount of required training, and completion documents with respect to the hazardous waste management training were unavailable.

 

On August 20 and August 28, 2019, Respondent provided documentation of hazardous waste training completed in 2017, 2018, and 2019.  Documentation of job titles and job descriptions pertaining to hazardous waste management were provided.

 

j.              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 one (1) 250-gallon used oil container with the words “Used Oil.”

 

On August 15, 2019, Respondent provided photo documentation the used oil container properly labeled with the words “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.            Upon the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.11.  Specifically, Respondent shall complete a waste determination on the 55-gallon container of aerosol can paint waste and submit to IDEM waste determination results.

 

4.         Upon the Effective Date of the Agreed Order, Respondent shall submit to IDEM disposal records for the solvent-contaminated PPE and wipes documenting disposal as a hazardous waste.

 

5.         Upon the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.12(c).  Specifically, Respondent shall offer the solvent-contaminated personal protective equipment and wipes to a transporter or to a treatment, storage or disposal facility that has received an EPA identification number.

 

6.         Upon the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.20.  Specifically, Respondent shall prepare a manifest prior to disposal of solvent-contaminated personal protective equipment and wipes.

 

7.         Upon the Effective Date of the Agreed Order, Respondent shall comply with IC 13-30-2-1(12).  Specifically, Respondent shall manifest the solvent-contaminated personal protective equipment and wipes prior to shipment.

 

8.         Upon the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.34(c)(1)(ii).  Specifically, Respondent shall mark all satellite containers with the words “Hazardous Waste” or other words to identify the contents.

 

9.         Upon the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.34(c)(1)(i) referencing 40 CFR 265.173(a).  Specifically, Respondent shall ensure that containers holding hazardous waste are closed during storage, except when it is necessary to add or remove waste.

 

10.       Upon the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(4) referencing 40 CFR 265.51.  Respondent shall submit to IDEM documentation that the contingency plan has been submitted to all local police departments, fire departments, hospitals, and State and local emergency response teams that may be called upon to provide emergency services.

 

11.       Upon the Effective Date of the Agreed Order, Respondent shall comply with 329 IAC 13-4-3(d).  Specifically, Respondent shall label all used oil containers and aboveground tanks with the words “Used Oil.”

 

12.       All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

 

Debbie Chesterson, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

13.       Respondent is assessed and agrees to pay a civil penalty of Seventeen Thousand Dollars ($17,000).  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 Four Thousand Two Hundred and Fifty Dollars ($4,250).  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.

 

14.       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:

 

Paragraph

Penalty

Order paragraph 3

$100/week

Order paragraph 4

$100/week

Order paragraph 5

$100/week

Order paragraph 6

$100/week

Order paragraph 7

$100/week

Order paragraph 8

$100/week

Order paragraph 9

$100/week

Order paragraph 10

$100/week

Order paragraph 11

$100/week

 

15.       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.

 

16.       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:

 

Indiana Department of Environmental Management

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

Indianapolis, IN 46204

 

17.       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 16, above.

 

18.       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.

 

19.       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.

 

20.       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.

 

21.       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

 

22.       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.

 

23.       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.

 

24.       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.

 

25.       This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

 

TECHNICAL RECOMMENDATION:

RESPONDENT:

Department of Environmental Management

 

By:

 

By:

 

 

Linda L. McClure, Chief

 

 

 

Land Enforcement Section

Printed:

 

 

Office of Land Quality

 

 

 

 

Title:

 

 

 

 

 

 

 

 

Date:

 

Date:

 

 

 

 

 

 

 

 

COUNSEL FOR RESPONDENT:

By:

 

 

 

 

Date:

________________________

 

 

 

 

Title:

 

 

 

 

Date:

_________________________

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 20__.

 

 

 

 

 

 

 

 

 

Date:_______________________

 

Signed on 12/09/19

 

 

 

For the Commissioner:

 

 

 

Peggy Dorsey

 

 

 

Assistant Commissioner

 

 

 

Office of Land Quality