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. 2019-26340-H
					)
ESTATE OF CHARLES HUNTER,					)
					)
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 the Estate of Charles Hunter (“Respondent”), which owns property located at 6 Albany Street, in Beech Grove, Marion County, Indiana (“Site”). Under IDEM’s State Cleanup Program (SC Site #0000601), Respondent is conducting remedial activities to investigate historic releases of spent solvents in the soil and groundwater at the 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”) on September 20, 2019 via Certified Mail to:

Thelma Thompson, Executor of Will

Estate of Charles Hunter

4932 Coventry Parke Circle

Indianapolis, IN 46237

5. On December 5, 2018, Respondent’s environmental consultant, AP Engineering & Consulting, Inc. (“APEC”) submitted a request for an approval to dispose of containers of investigation derived waste (“IDW”) contaminated soil (soil cuttings) generated from the installation of monitoring wells under IDEM’s “contained-in” determination policy. On December 18, 2018, IDEM granted a partial approval. Specifically, IDEM approved the disposal of IDW contaminated soil cuttings from AMW-7 through AMW-14 and AMW-15D in a permitted municipal solid waste landfill. IDEM denied the disposal of IDW contaminated soil cuttings from AMW-6, AMW-14, and the Duplicate Sample (and/or any wastes mixed with characteristically hazardous waste (D040) from AMW-6, AMW-14, and the Duplicate Sample) in a permitted municipal solid waste landfill. At the time of the inspection, Respondent was managing twenty (20) of twenty-one (21) drums as non-hazardous waste.

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 July 18, 2019 conducted by a representative of IDEM, the following violations were found:

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.

As noted during the inspection, Respondent stored twenty-one (21) 55-gallon drums of D040 and F001/F002 hazardous waste on-site for greater than 90 days without complying with 40 CFR Part 264 and 40 CFR Part 270. The twenty-one (21) 55-gallon drums of D040 and F001/F002 hazardous waste were generated on November 18, 2018.

On August 8, 2019, Respondent offered for transport seventeen (17) 55-gallon drums of F002 hazardous waste solid (soil cuttings) on hazardous waste manifest #013862748 FLE. Additionally, Respondent offered for transport four (4) 55-gallon drums of F002 listed hazardous waste liquid (purge water) on hazardous waste manifest #013862749FLE.

IDEM review of the manifests determined Respondent did not include the D040 characteristic hazardous waste and the F001 listed hazardous waste codes on the manifests.

On September 24, 2019, APEC submitted fully signed corrected copies of hazardous waste manifests #013862748FLE and #13862749FLE to IDEM. The corrected manifests include D040 characteristic waste code and F001 listed hazardous waste code in addition to F002 listed hazardous waste code.

At the request of IDEM, APEC submitted updated Land Disposal Restriction and Certificate forms for both soil and groundwater and are satisfactory to IDEM.

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 261.

As noted during the inspection, Respondent stored twenty-one (21) 55-gallon drums of D040 and F001/F002 hazardous waste identified or listed in 40 CFR Part 261 without a permit.

c. 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.

Subsequent to the inspection, Respondent notified IDEM’s Regulatory Reporting Section of proper generator status and obtained EPA ID No. INR000147231.

d. 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 storage activities.

e. Pursuant to 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 90 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 mark twenty-one (21) 55-gallon containers of D040 and F001/F002 hazardous waste with accumulation start dates.

f. Pursuant to 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for 90 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 label or mark twenty-one (21) 55-gallon containers of D040 and F001/F002 hazardous waste with the words “Hazardous Waste.” Twenty (20) of twenty-one (21) 55-gallon containers were labeled as non-hazardous. One (1) container did not have any labeling.

g. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.171, if a container holding hazardous waste is not in good condition, or if it begins to leak, the generator must transfer the hazardous waste from this container to a container that is in good condition.

As noted duirng the inspection, Respondent stored hazardous wasate in multiple drums that were not in good condition. One container of soil cuttings was dented, one container of purge water was bulging, and the side of another container of soil cuttings was rusted through in several areas.

h. 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 for deterioration caused by corrosion or other factors.

As noted during the inspection, Respondent failed to conduct weekly inspections of the less than 90-day hazardous waste accumulation area.

i. Pursuant ot 40 CFR 262.34(a)(4) referencing 40 CFR 265.31, facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.

As noted during the inspection, Respondent failed to properly manage on-site hazardous waste containers located outdoors.

j. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.35, a generator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, 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 less than 90-day hazardous waste accumulation area.

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. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Nine Thousand One Hundred Eighty-Seven Dollars ($9,187.00). Said penalty amount shall be due and payable to the “Environmental Management Special Fund” in twelve (12) monthly installments. Eleven (11) installment payments shall be $765.68. The last installment payment shall be $764.52. The first installment payment shall be due thirty (30) days after the Effective Date and the remaining payments shall be due thirty (30) days thereafter. Interest shall accrue on unpaid amounts at the rate established by IC 24-4.6-1-101.

4. 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

5. 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 4, above.

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

7. 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.

8. 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.

9. 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. 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. 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.

12. 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.

13. 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.

14. 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 Respondent may incur as a result of such communications with the U.S. EPA or any other agency or entity.

15. This Agreed Order shall remain in effect until Respondent has complied with the terms of Order Paragraph 4.

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management
By: ____________________				By: _________________________
	Jennifer Reno, Chief
	Land 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 on 8/28/20
				Peggy Dorsey
				Assistant Commissioner
				Office of Land Quality