STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT

COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2019-26198-H
					)
ANDRITZ HERR-VOSS STAMCO 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 IC 13-13-1-1.

2. Respondent is Andritz Herr-Voss Stamco Inc. (“Respondent”), which owns/operates the facility, with U.S. Environmental Protection Agency (U.S. EPA) ID No. INR000105213 located at 1079 Industry Drive, Lot 1, in Chesterton, Porter County, Indiana (“Site”).

3. Andritz Herr-Voss Stamco Inc. specializes in the reconditioning of mill rolls, including chrome plating and electro discharge texturing. Respondent notified the U.S. EPA of Large Quantity Generator activities.

4. IDEM has jurisdiction over the parties and the subject matter of this action.

5. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (“NOV”) via Certified Mail to:

Andritz Herr-Voss Stamco Inc.		Corporation Service Company, Registered
Attn: Kip Mostowy, President		Agent for Andritz Herr- Voss Stamco Inc.
130 Main St.		135 N. Pennsylvania St., Ste. 1610
PO Box AB		Indianapolis, IN 46204
Callery, PA 16024

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 May 1, 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 proper hazardous waste determination on the caustic wash water, which is neutralized at the facility prior to commingling with high flash point solvent and oily coolant water. The commingled waste is managed as a non-hazardous waste. On December 5, 2018, Respondent shipped 2,500 gallons of the commingled waste as non-hazardous, which was subsequently rejected by the receiving facility for an exceedance for metals, chromium (D007) and lead (D008).

Respondent shipped nine (9) additional loads of the commingled waste as non-hazardous from January 8, 2019, through April 24, 2019. Waste analysis results from January 2, 2019 and April 22, 2019, indicated the caustic wash water was hazardous due to pH, chromium (D007), and/or lead (D008).

Respondent provided analytical results on September 11, 2019, for the wash tank water dated June 4, July 3, July 24, August 19, and September 3, 2019, indicating that the waste is non-hazardous. Each load is now sampled prior to disposal.

b. 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 caustic wash water waste (D007/D008) commingled with high flash point solvent and oily coolant water as a non-hazardous waste. Shipments of the commingled waste occurred nine (9) times between the period of January 8, 2019 and April 24, 2019.

c. 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 8: Enter the company name and site address of the facility designated to receive the waste listed on the manifest. Also enter the facility’s phone number and the U.S. EPA twelve digit identification number of the facility.

As noted during the inspection, Respondent did not include all of the required information on two (2) hazardous waste manifests. Specifically, manifests 014227483 JJK and 014227484 JJK did not contain the generator and facility U.S. EPA identification numbers.

On September 11, 2019, Respondent provided corrected manifests 014227483 JJK and 014227484 JJK listing the generator and facility U.S. EPA identification numbers.

d. Pursuant to 40 CFR 268.7(a), with the initial shipment of waste to each treatment, storage, or disposal facility, a generator must send a one-time written notice to each facility receiving the waste and place a copy in the file.

As noted during the inspection, Respondent failed to provide the one-time written notice for the hazardous waste caustic wash water and place a copy in the file.

e. 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 applicable employees with annual hazardous waste training.

Respondent provided personnel training documentation on September 11, 2019.

8. Orders of the Commissioner are subject to administrative review by the Office of Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement reached, Respondent acknowledges notice of this right and 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 and rules listed in the findings of fact above.

3. All submittals required by this Agreed Order, unless IDEM notifies the Respondent otherwise in writing, 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

4. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Twenty-Five Thousand Eight Hundred Dollars ($25,800). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the thirtieth day being the “Due Date.”

5. 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:

Indiana Department of Environmental Management

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

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. Signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.

8. This Agreed Order shall apply to and be binding upon Respondent and all successors and assigns. Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners, successors, or assigns before ownership rights are transferred.

9. No change in ownership, corporate, or partnership status of Respondent shall in any way alter the Respondent’s status or responsibilities under this Agreed Order.

10. Respondent shall ensure that all contractors, firms, and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

11. 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.

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 the obligation to comply with the requirements of any applicable permits or any applicable Federal or State laws or regulations.

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 violations specified in the NOV.

15. Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the U.S. Environmental Protection Agency (U.S. 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 Respondents may incur as a result of such communications with the U.S. 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.

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management				Andritz Herr-Voss Stamco Inc.

By: _________________________				By: _________________________
	Linda L. McClure, Section Chief
	Enforcement Section			Printed: ______________________
Office of Land Quality
				Title: ________________________
Date: __________________
				Date: _______________________

				COUNSEL FOR RESPONDENT:

				By: _________________________

				Date: ________________________



APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		_________	DAY OF	______________________, 20____.

				For the Commissioner:

				Signed 10/10/19
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality