STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS:

COUNTY OF MARION ) OF ENVIRONMENTAL MANAGEMENT



COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

) Cause No. EH-10755

v. )

)

DANA CORPORATION, )

RICHMOND MACHINE )

)

Respondent. )





AGREED ORDER





The Complainant and the 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 IC 13-30-3-3(c), entry into this agreement does not constitute an admission of any violation contained herein.



I. FINDINGS OF FACT



1. Complainant is the Commissioner (hereinafter referred to as "Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.



2. Respondent is Dana Corporation, Richmond Machine, (hereinafter referred to as "Respondent"), which is a company doing business at 2175 Williamsburg Pike, located in Richmond, Indiana.

3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.



4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation on October 1, 1993, via Certified Mail, to:



Joe Magliochetti, President

Dana Corporation, Richmond Machine

P.O. Box 1000

Toledo, Ohio 43697



5. Respondent notified the United States Environmental Protection Agency (U.S. EPA) of its hazardous waste activity on August 1, 1980, and obtained the EPA I.D. No. IND 980503841.



6. Respondent submitted a Part A Permit Application on November 19, 1980, for tank and container storage. On November 16, 1982, the U.S. EPA, Region V, granted a request to withdraw Dana Corporation's Part A Permit Application. At the time of the inspections by IDEM, Respondent was operating as a large quantity generator of hazardous waste.



7. Respondent received a Violation Letter from IDEM dated April 8, 1991 (VL-10755). A response from Respondent to the Violation Letter was received by IDEM on May 13, 1991, stating that compliance with the Violation Letter had been achieved.



8. Based upon an enforcement follow-up inspection of Respondent on November 20, 1991, the Office of Solid and Hazardous Waste Management (currently known as the Office of Land Quality (OLQ)) of IDEM, observed what it contends were violations of the following requirements: container mismanagement, tank mismanagement, training records, and pre-transport requirements for containers.



9. Based upon investigations of the facility on February 7, 1991, and November 20, 1991, by OLQ, IDEM contends that the following violations were in existence or observed at the time of the inspections:

a. Pursuant to 329 IAC 3-9-5(a)(3), hazardous waste containers shall be clearly marked with the words "Hazardous Waste." Based on information gathered by IDEM, Respondent had not marked several hazardous waste containers located in these areas with the words "Hazardous Waste":



1) approximately ten (10) 55-gallon drums, and nine (9) 1-gallon containers located in the inside designated generator accumulation area;



2) nine (9) 55-gallon drums located in the inside CNC turning area; and



3) eight (8) 55-gallon drums located in the outside parco porch.



b. Pursuant to 329 IAC 3-9-5 referencing 329 IAC 3-23-4(a), hazardous waste containers shall be properly closed during accumulation. Based on information gathered by IDEM, Respondent had stored open hazardous waste containers in these areas:



1) one (1) drum was stored with an open lid and several drums were stored with lock rings ajar in the inside designated generator accumulation area;



2) one (1) 55-gallon drum was stored with an open lid in the CNC turning area; and



3) eight (8) 55-gallon drums were stored with open lids in the outside parco porch.



c. Pursuant to 329 IAC 3-9-5 referencing 329 IAC 3-24-6, the owner or operator of a tank system must document in the operating record of the facility an inspection of those items in subsections (a) and (b) of this section. Based on information gathered by IDEM, Respondent had not documented inspections of the waste chromic acid tank prior to November of 1991.



d. Pursuant to 329 IAC 3-16-8, the generator must conspicuously display "No Smoking" signs wherever there is a hazard from ignitible or reactive waste. Based on information gathered by IDEM, Respondent has not displayed "No Smoking" signs in the following areas where ignitible or reactive wastes are located: the inside designated generator accumulation area, the CNC turning area, and the outside parco porch.



e. Pursuant to 329 IAC 3-16-7(d)(1) and (2), the generator must maintain job descriptions and job titles for all personnel involved in hazardous waste management at the facility. Based on information gathered by IDEM, Respondent had not updated the hazardous waste management job description for the utility maintenance position. In addition, the utility maintenance position, the emergency coordinator and alternate emergency coordinator were not listed in hazardous waste management job titles. Respondent has since submitted to IDEM on November 24, 1993, for review updated job descriptions for these positions.



f. Pursuant to 329 IAC 3-23-5, the generator must inspect areas where hazardous waste containers are stored, at least weekly, looking for leaks and deterioration. Based on information gathered by IDEM, Respondent had not conducted weekly hazardous waste container inspections for four (4) weeks beginning with the week of October 18, 1991. Thereafter, Respondent did conduct such weekly inspections.



g. Pursuant to 329 IAC 13-17-6, the generator must maintain adequate aisle space for the unobstructed movement of personnel and emergency equipment. Based on information gathered by IDEM, Respondent lacked adequate aisle space in the inside designated generator accumulation area. Respondent contends in their December 1, 1993, response letter to IDEM that this situation was corrected within a week's time.



h. Pursuant to 329 IAC 3-23-4, containers of thirty (30) gallons or more must be stored so that they can be inspected for leaks and for deterioration caused by corrosion or other factors, without having to move the containers during the inspection and must have adequate aisle space between rows (approximately two and one-half (2 ½ feet) to facilitate inspections. Based on information gathered by IDEM, Respondent failed to provide adequate aisle space in the inside designated generator accumulation area. Respondent contends in their December 1, 1993, response letter to IDEM that this situation was corrected within a week's time.



i. Pursuant to 329 IAC 3-9-5(a)(2), the start of accumulation period must be clearly marked on each container of hazardous waste. Based on information gathered by IDEM, Respondent has not marked hazardous waste containers with the start of accumulation date in the following areas:



(1) twelve (12) 55-gallon drums, six (6) 1-gallon metal containers, and three (3) 1-gallon paint cans in the inside designated generator accumulation area;



(2) nine (9) 55-gallon drums in the CNC turning area; and



(3) eight (8) 55-gallon drums in the outside parco porch.



j. Pursuant to 329 IAC 3-9-5(a), containers of hazardous waste shall not accumulate for more than ninety (90) days without a permit or interim status for hazardous waste storage. Based on information gathered by IDEM, Respondent has accumulated one (1) 55-gallon container of R.Q. Waste Alkaline Liquid (D002) and one (1) 55-gallon drum of R.Q. Waste Acid Liquid (D002) located in the inside designated generator accumulation area for more than ninety (90) days without the required permit or interim status, from the indicated start of accumulation dates of July 22, 1991, and July 30, 1991, respectively.



k. Pursuant to 329 IAC 3-24-4(c)(3), secondary containment systems must be at a minimum provided with a leak detection system that is designed and operated so that it will detect the failure of either the primary or secondary containment structure or any release of hazardous waste or accumulated liquid in the secondary containment system within twenty-four (24) hours, or at the earliest practicable time if the existing detection technology or site conditions will not allow detection of a release within twenty-four (24) hours. Based on information gathered by IDEM, Respondent has not provided a leak detection system for the waste chromic acid tank's secondary containment vault.



l. Pursuant to 329 IAC 3-9-5(a)(1) referencing 329 IAC 3-24-8, at closure of a tank system, the generator must remove or decontaminate all waste residues, contaminated containment system components, contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste. Based on information gathered by IDEM, Respondent could not provide documentation that the facility had performed proper closure of the waste chromic acid tank, which was replaced with a new tank. On November 24, 1993, Respondent submitted the waste chromic acid tank certification in accordance with 40 CFR 265.197 to this office. However, soil contamination was not addressed as required by 40 CFR 265.197. On July 22, 1998, Respondent submitted a report to IDEM entitled "Documentation of the Removal and Closure of the Waste Chromic Acid 90-Day Accumulation Tank Systems." Based upon the report, IDEM has determined that additional soil sampling is not necessary since the underlying soils were excavated to the ground water. Respondent submitted a Hydrogeologic Investigation Report, dated March 1999, detailing the work performed by Respondent to identify and remediate chromium contaminated ground water at the facility.



10. Effective February 24, 1992, 329 IAC 3.1 replaced 329 IAC 3 as the article establishing a hazardous waste management program in the State of Indiana. This article incorporates many of the federal hazardous waste management standards found in 40 CFR 260 through 40 CFR 270.



11. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.



12. Full and timely compliance with the terms of this Agreed Order shall constitute a final resolution of this cause. This Agreed Order in no way affects or relieves the Respondent of responsibility to comply with any State, Federal, or local law, or any rule(s) promulgated by any environmental board in the State of Indiana.



II. ORDER



1. This Agreed Order shall be effective ("effective date") when it is approved by the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the effective date.



2. Upon the effective date of the Order, Respondent shall, if hazardous waste is ever generated at the facility, ensure that all applicable requirements of 40 CFR 262.34 are followed.

3. Upon the effective date of the Order, Respondent shall implement the approved Site-Wide Ground Water Monitoring Requirements, found in Attachment A of the Agreed Order, in accordance with the time frames contained therein. Implementation of Attachment A will allow, in part, for remediation of any chromium contaminated ground water which may have resulted from Finding of Fact 9(l) above.



4. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:



Kim Vedder

Office of Land Quality

Indiana Department of

Environmental Management

P.O. Box 6015

Indianapolis, Indiana 46206-6015



5. Respondent is assessed a civil penalty of Fifty Four Thousand Five Hundred Dollars ($54,500). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the effective date of this Agreed Order, as directed by Paragraph 6.



6. The civil penalty is payable by check to the Environmental Management Special Fund. Checks shall include the cause number of this action and shall be mailed to:



Cashier

IDEM

100 North Senate Avenue

P.O. Box 7060

Indianapolis, Indiana 46207-7060



7. In the event that the civil penalty required by paragraph II.5. is not paid within thirty (30) days of the effective date of this Agreed Order, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.



8. This Agreed Order shall apply to and be binding upon the Respondent, its successors and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.



9. 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 the Agreed Order did not contain the invalid terms.



10. 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 by contract require that all contractors, firms, and other persons acting for it comply with the terms of this Agreed Order.



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





















TECHNICAL RECOMMENDATIONS: RESPONDENT:

Department of Environmental Management



By: ________________________ By: ________________________

Nancy L. Johnston, Chief

Hazardous Waste Section Title: ________________________

Office of Enforcement



Date: ________________________ Date: ________________________



LEGAL RECOMMENDATION: COUNSEL FOR RESPONDENT:

Department of Environmental Management



By: ________________________ By: ________________________

Office of Legal Counsel



Date: ________________________ Date: ________________________









APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT

OF ENVIRONMENTAL MANAGEMENT



THIS _______ DAY OF ________________ 2001.



For the Commissioner:



Signed 11/01/01

________________________

Felicia Robinson

Deputy Commissioner of Legal Affairs