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. 2020-26852-H
					)
DEAN BALDWIN PAINTING LP,					)
					)
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 Dean Baldwin Painting LP (“Respondent”), which owns/operates the facility with United States Environmental Protection Agency (“EPA”) ID No. INR000134312, located at 2075 North Hoosier Boulevard, in Peru, Miami 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”) to:

Dean Baldwin Painting LP	Christina Camacho, Registered Agent for
Attn: Barbara Baldwin, Partner	Dean Baldwin Painting LP
Attn: Barbara Baldwin, Partner	2075 North Hoosier Boulevard
Attn: Larry Baldwin, Partner	Peru, Indiana 46970
c/o Christina Camacho, Registered Agent
Dean Baldwin Painting LP
Attn: Barbara Baldwin, Partner
Attn: Larry Baldwin, Partner
2395 Bulverde Road, Suite 105
Bulverde, Texas 78163

5. Respondent notified EPA of Large Quantity Generator activities.

6. Respondent operates an aircraft painting facility specializing in private and commercial aircraft.

7. 329 Indiana Administrative Code (“IAC”) 3.1 incorporates 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 September 3, 2019, and a record review conducted on November 5, 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 in the record review, Respondent did not make a proper hazardous waste determination on contaminated plastic and paper waste generated during the painting process and contaminated PPE from the painting and sanding operation. These waste streams are contaminated with chromium, a D007 hazardous waste. These waste streams were being commingled with trash, compacted, and disposed of as a solid waste.

On October 9, 2019, Respondent provided the chromium analytical results on the contaminated plastic and paper waste generated during the painting process and contaminated PPE from the painting and sanding operation documenting that the waste is hazardous (D007).

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 hazardous waste to a transporter/treatment, storage, or disposal facility that did not have an EPA identification number when it disposed of chromium-contaminated PPE, paper, and plastic (D007) 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 chromium-contaminated PPE, paper, and plastic (D007) 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 chromium-contaminated PPE, paper, and plastic (D007) as a non-hazardous waste.

e. Pursuant to 40 CFR 262.34 referencing 40 CFR 268.7, a generator of hazardous waste must determine if the waste was to be treated before it can be land disposed. This is done by determining if the hazardous waste meets the treatment standards in 40 CFR 268.40, 40 CFR 268.45, or 40 CFR 268.49. This determination can be made in either of two ways: testing the waste or using knowledge of the waste. With the initial shipment of hazardous waste (meeting or not meeting the treatment standards in 40 CFR 268.40 and 40 CFR 268.42) to each treatment or storage facility, the generator must send a one-time written notice to each treatment or storage facility receiving the waste, and place a copy in the file. No further notification is necessary until such time that the waste or facility change, in which case a new notification must be sent and a copy placed in the generator's file.

At the time of the inspection, Respondent could not demonstrate that it had determined if the chromium-contaminated PPE, paper, and plastic (D007) had to be treated before it could be land disposed nor had the Respondent submitted a one-time written notice to the treatment or storage facility receiving the waste.

On September 10, 2020, Respondent provided the land disposal restriction form for the contaminated plastic and paper waste generated during the painting process and contaminated PPE from the painting and sanding operation documenting the waste required treatment. The notice was submitted to the TSD facility receiving the waste.

f. Pursuant to 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 an inspection, Respondent failed to maintain and operate the facility in a manner that minimized the risk of harm to human health and the environment. Chromium-contaminated PPE, paper, and plastic (D007) were being managed, compacted with other trash, and disposed of as solid waste.

9. 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. Respondent shall comply with the rules listed in the findings above or any incorporated federal equivalent thereof, as applicable.

3. Upon the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.11. Specifically, Respondent shall cease the disposal of chromium-contaminated PPE, paper, and plastic as a non-hazardous waste.

4. Within sixty (60) days of the Effective Date, Respondent shall submit to IDEM a copy of a uniform hazardous waste manifest verifying a proper waste determination and disposal records for the chromium-contaminated PPE, paper, and plastic.

5. Upon the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.18(c). Specifically, Respondent shall offer the chromium-contaminated PPE, paper, and plastic for transport 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 and IC 13-30-2-1(12). Specifically, Respondent shall properly manifest the chromium-contaminated PPE, paper, and plastic prior to shipment.

7. Upon the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 268.7. Specifically, Respondent shall not allow transportation of hazardous waste for off-site treatment, storage, disposal without preparing a one-time Land Disposal Notification Form.

8. 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

10. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Seventeen Thousand Two Hundred Dollars ($17,200). 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.”

11. In the event the terms and conditions of the following paragraphs are violated, Complainant may assess and Respondent shall pay stipulated penalties in the following amounts:

Paragraph	Stipulated Penalty
Order paragraph #4	$100 per week

12. Stipulated penalties shall be due and payable no later than the thirtieth day after Respondent receives written notice that Complainant has determined a stipulated penalty is due; the thirtieth 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 a 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.

13. 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

14. 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 13, above.

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

16. 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.

17. 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.

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

21. 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.

22. 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.

23. 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.

24. 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: _________________________
	Jennifer Reno, Section 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 10/08/20___________
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality