STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS:
COUNTY OF MARION ) OF ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
) Cause No. H-13048
v. )
)
VIR-MA INDUSTRIES, INC. )
)
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.
I. FINDINGS OF FACT
1. Complainant is the Commissioner ("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 Vir-Ma Industries, Inc. ("Respondent"), who operates the company with U.S. EPA ID No. INR 000 007 732, located at 1532 E. North Street, in Crown Point, Lake County, Indiana ("Site").
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, on October 3, 1997, IDEM issued a Notice of Violation via Hand Delivery to:
Michael Koutouzis, President and Resident Agent
Vir-Ma Industries, Inc.
1532 East North Street
Crown Point, Indiana 46307
5. Respondent has not notified the U.S. EPA of hazardous waste activities. Respondent processes natural sponges and packages them for sale.
6. An inspection on August 1, 1996 was conducted at the Site by a representative of IDEM's Office of Land Quality ("OLQ"). The following violations were in existence or observed at the time of this inspection:
a. Pursuant to 40 CFR 262.12(a), a generator must not treat, store, dispose of, transport, or offer for transportation, hazardous waste without having received an EPA identification number from the Commissioner. Respondent generated and disposed of hazardous waste rinse water without obtaining an EPA identification number.
b. Pursuant to 40 CFR 262.11 and 40 CFR 268.7, a person who generates a solid waste, as defined by 40 CFR 261.2, must determine if that waste is hazardous. Respondent had not made a proper hazardous waste determination for the waste rinse water with a pH of 1. The waste rinse water was being dumped into a ditch located at the back of the facility.
c. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.51, each owner or operator must have a contingency plan for his 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. Respondent did not have a contingency plan which included the requirements of 40 CFR 265.52.
d. Pursuant to IC 13-30-2-1(10) and 40 CFR 270.10, only those owners and operators with hazardous waste permits may be involved in the treatment, storage, or disposal of hazardous waste as identified or listed in 40 CFR Part 261. Respondent did not have a permit to dispose of hazardous waste rinse water on their property.
e. 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 such activities on forms provided by the Commissioner. Respondent failed to notify the Commissioner as a hazardous waste generator and disposal facility.
f. Pursuant to 329 IAC 3.1-15-4, an owner or operator of a hazardous waste disposal facility must demonstrate financial assurance for closure of the facility. Respondent failed to demonstrate financial assurance for closure of the facility.
h. Pursuant to IC 13-30-2-1(3), a person may not deposit any contaminants upon the land in such a way or manner which creates, or which would create, a pollution hazard. Respondent deposited hazardous waste rinse water with a pH of 1 into a ditch located at the back of the facility.
i. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(a)(1), facility personnel must successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their hazardous waste duties in a proper manner. Respondent did not provide a hazardous waste personnel-training program to ensure the company's compliance with the hazardous waste rules.
j. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(d)(1), (2), and (3), the generator must maintain the required hazardous waste training documents and records at the facility. Respondent failed to maintain the following personnel training documents and records at the facility:
(1) Job titles for positions related to hazardous waste management.
(2) The name of the employee filling each job title.
(3) Job descriptions including the required skills, education, or other qualifications and duties of the personnel assigned to the hazardous waste management position.
(4) Descriptions of both introductory and continuing training required for each hazardous waste management position.
k. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(d)(4), the generator must maintain records that document that the training or job experience required by 40 CFR 265.16(a), (b) and (c) has been given to and completed by facility personnel. Respondent failed to maintain records that document that training had been given to and completed by facility personnel.
l. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.37(a), the owner or operator must attempt to make arrangements with local authorities and emergency response teams as appropriate for the type of waste handled at the facility. Respondent failed to make arrangements with the appropriate authorities in case of an emergency at the facility.
m. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.53, a copy of the contingency plan and all revisions to the plan must be maintained at the facility and submitted to all local police departments, fire departments, hospitals, and state and local emergency response teams that may be called upon to provide emergency services. Respondent failed to submit copies of the contingency plan to all local police departments, fire departments, hospitals, and state and local emergency response teams that may be called upon to provide emergency services.
n. Pursuant to 40 CFR 264.1(b), owners and operators of all facilities which dispose of hazardous waste must comply with the requirements of 40 CFR 264. Respondent failed to comply with the requirements of 40 CFR 264 while operating as a disposal facility.
7. A settlement conference was held on January 8, 1998, to discuss the issues contained in the Agreed Order. Additional conferences and teleconference were subsequently held over the course of two years. The facility was reinspected on June 28, 1999. At that inspection Respondent was neutralizing the acid rinse water and was not generating any hazardous waste.
8. In recognition of the settlement reached, Respondent 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 the Complainant or his delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
2. In the future, Respondent shall ensure that the facility does not operate as a hazardous waste disposal facility without complying with the requirements of 40 CFR 264.
3. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Idelia Walker-Glover
Office of Enforcement
Hazardous Waste Section
Indiana Department of
Environmental Management
P.O. Box 6015
Indianapolis, Indiana 46206-6015
5. Civil penalties are 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
6. Within fifteen (15) days of the Effective Date, Respondent shall withdraw its petition for review filed with the Indiana Office of Environmental Adjudication, Cause No. 99-S-E-2206.
7. In the event that the civil penalty required by paragraph 4 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 officers, directors, principals, agents, successors, subsidiaries, and assigns. The signatories to this Agreed Order certify that they are fully authorized to execute 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. The 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 ensure all contractors, firms, and other persons performing work under this Agreed Order 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 Vir-Ma Industries, Inc.
By: ____________________________ By: ________________________
Nancy L. Johnston, Chief
Hazardous Waste Section Printed:
Office of Enforcement Title: ________________________
Date: ________________________ Date: ________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: ________________________ By: ________________________
Aaron Schmoll
Office of Legal Counsel
Date: ________________________ Date: ________________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT
THIS _______ DAY OF ________________ 2001.
For the Commissioner:
Sign April 10, 2001
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement