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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
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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v. |
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Case No. 2020-27088-H |
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BINTECH
SERVICES LLC, |
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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 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 BinTech
Services LLC (“Respondent”), which operates the facility with United States
Environmental Protection Agency (“EPA”) ID No. INR000142380, located at 2782 W
800 N in Lake Village, Newton 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 USPS on August 20, 2020 to:
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Mark Bean, Registered Agent for |
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BinTech Services LLC |
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5889 W 400 N |
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Rensselaer, Indiana 47987 |
5.
Respondent notified EPA of Large Quantity Generator (“LQG”) activities.
6.
Respondent reconditions steel containers used
to store catalyst for the hydrotreating/hydro-refining processes at petroleum
refineries.
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 December 4, 2019
and record review on April 6, 2020 conducted by a representative of
IDEM, the following violations were
found:
a.
Pursuant
to 40 Code of Federal Regulations (“CFR”) 262.17(a)(6) referencing 40 CFR
262.260, a large quantity generator must have a contingency plan for the
facility. The contingency plan must be designed to minimize hazards to human
health or the environment from fires, explosions, or any unplanned sudden or
non-sudden release of hazardous waste or hazardous waste constituents to air,
soil, or surface water.
As noted during
the inspection, Respondent did not have a contingency plan developed.
On April 6,
2020, Respondent submitted a contingency plan; however, deficiencies were
noted, and a Letter of Insufficiency was sent on April 8,2020. To date, an
amended contingency plan has not been received.
b.
Pursuant to 40 CFR
262.17(a)(6) referencing 40 CFR 262.261(d), the plan must list the names and
emergency telephone numbers of all persons qualified to act as emergency
coordinator (see § 262.264), and the list must be kept up to date. Where more
than one person is listed, one must be named as primary emergency coordinator
and others listed in the order in which they will assume responsibility as
alternates.
c.
Pursuant to 40 CFR
262.17(a)(6) referencing 40 CFR 262.261(f), the plan must include an evacuation plan
for general personnel where there is a possibility that evacuation could be
necessary. This plan must describe signal(s) to be used to begin evacuation,
evacuation routes, and alternate evacuation routes (in cases where the primary
routes could be blocked by release of hazardous waste or fires).
d.
Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR
262.262(b), a large
quantity generator that first becomes subject to these provisions after May 30,
2017 or a large quantity generator that is otherwise amending its contingency
plan must at that time submit a quick reference guide of the contingency plan
to the local emergency responders identified at paragraph (a) of this section
or, as appropriate, the Local Emergency Planning Committee. The quick reference
guide must include:
(1)
The
types/names of hazardous wastes in layman’s terms and the associated hazard
associated with each hazardous waste present at any one time.
(2)
The
estimated maximum amount of each hazardous waste that may be present at any one
time.
(3)
The
identification of any hazardous wastes where exposure would require unique or
special treatment by medical or hospital staff.
(4)
A
map of the facility showing where hazardous wastes are generated, accumulated and treated and routes for accessing these
wastes.
(5)
A
street map of the facility in relation to surrounding businesses, schools,
residential areas to understand how best to get to the facility and also evacuate citizens and workers.
(6)
The
locations of water supply.
(7)
The
identification of on-site notification systems; and
(8)
The
name of the emergency coordinator(s) and 7/24-hour emergency telephone
number(s) or, in the case of a facility where an emergency coordinator is
continuously on duty, the emergency telephone number for the emergency
coordinator.
e.
Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR
262.263(c), the contingency
plan must be reviewed, and immediately amended, if necessary, whenever the
generator facility changes-in its design, construction, operation, maintenance,
or other circumstances-in a way that materially increases the potential for
fires, explosions, or releases of hazardous waste or hazardous waste
constituents, or changes the response necessary in an emergency.
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 rules listed
in the findings above or any incorporated federal equivalent thereof, as
applicable.
3.
Within thirty
(30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.261(d).
Specifically, Respondent shall submit
to IDEM an amended contingency plan that identifies the primary emergency
coordinator, and also states that the emergency coordinators have been given,
or have the authority, to expend funds and to recruit employees to implement
the Contingency Plan.
4.
Within thirty (30)
days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6)
referencing 40 CFR 262.261(f).
Specifically, Respondent shall submit to IDEM an amended contingency
plan that includes a recognizable start signal to start the evacuation.
5.
Within thirty (30) days of the Effective Date,
Respondent shall comply with 40 CFR 262.147(a)(6) referencing 40 CFR 262.262(b).
Specifically, Respondent shall submit to IDEM its quick reference guide.
6.
Within thirty (30) days of the Effective Date,
Respondent shall comply with 40 CFR 262.17(a)(6) referencing 262.263(c).
Specifically, Respondent shall submit to IDEM an amended Description of
Generator and Facility Activities that states the facility will only accept and
receive RCRA empty containers; that being a container that has less than 0.3
percent by weight of the total capacity of the container remaining in the
container if it is greater than 119 gallons in size.
7.
Within thirty (30) days of the Effective Date,
Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.
Specifically, Respondent shall maintain copies of the contingency plan, quick
reference guide and any revisions on Site and ensure that such copies be made
available during inspections.
8.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise
in writing, shall be sent to:
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Jodi
Pisula, 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.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of Two Thousand Two Hundred Dollars
($2,200.00). Said penalty amount shall be due and payable to the “Environmental
Management Special Fund” in two (2) installments. The first installment of One Thousand One
Hundred Dollars ($1,100.00) shall be paid within thirty (30) days of the
Effective Date; the thirtieth day being the “Due Date.” The second installment
of One Thousand One Hundred Dollars ($1,100.00) shall be paid thirty (30) days
thereafter.
10.
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:
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Paragraph |
Stipulated Penalty |
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Order
paragraph #3 |
$100.00
per week |
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Order
paragraph #4 |
$100.00
per week |
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Order
paragraph #5 |
$100.00
per week |
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Order
paragraph #6 |
$100.00
per week |
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Order
paragraph #7 |
$100.00
per week |
11.
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.
12.
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:
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Indiana
Department of Environmental Management |
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Accounts
Receivable |
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IGCN,
Room 1340 |
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100
North Senate Avenue |
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Indianapolis,
IN 46204 |
13.
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 12, above.
14.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
15.
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.
16.
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.
17.
Respondent shall ensure that all contractors,
firms, and other persons performing work under this Agreed Order comply with
the terms of this Agreed Order.
18.
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.
19.
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.
20.
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.
21.
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.
22.
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.
23.
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 |
BinTech
Services LLC |
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By: _________ |
By: _________________________ |
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Jennifer
Reno, Section Chief |
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Land
Enforcement Section |
Printed:
______________________ |
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Office of
Land Quality |
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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
THIS |
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DAY
OF |
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20__. |
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For the
Commissioner: |
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Signed
10/29/20___________ |
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Peggy Dorsey, Assistant Commissioner |
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Office of
Land Quality |
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