STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) CAUSE NO. 2000-8836-H
)
LONE STAR INDUSTRIES, INC. )
GREENCASTLE WASTE DISPOSAL )
FACILITY )
)
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 (hereinafter referred to as AComplainant@) of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.
2. Respondent is Lone Star Industries, Inc.- Greencastle Waste Disposal Facility (hereinafter referred to as "Respondent"), which owns a company doing business at 3301 South County Road 150 West, located in Putnam County, Indiana.
3. The Indiana Department of Environmental Management (AIDEM@) 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 via Certified Mail to:
Mr. William Troutman, President C.T. Corporation System
Lone Star Industries, Inc. Resident Agent for:
300 First Stamford Place Lone Star Industries, Inc.
PO Box 120014 One North Capital Avenue
Stamford, Connecticut 06192-0014 Indianapolis, Indiana 46204
5. Respondent first notified as a Large Quantity Generator and a Treatment, Storage and Disposal Facility in August of 1980 and was assigned the US EPA identification number of IND 006 419 212. Respondent markets and burns used oil and markets hazardous waste fuel. Respondent also operates an Industrial Furnace.
6. Respondent was inspected on November 30, 1999 by Roger Wilson of IDEM=s Office of Land Quality ("OLQ"). Based on this investigation, IDEM contends that the following violations were in existence or observed at the time of the inspection:
a. Pursuant to 40 CFR 265.13(a)(1), an owner or operator must obtain a detailed chemical and physical analysis of a representative sample of hazardous or nonhazardous waste before the waste is treated, stored, or disposed. Based on information gathered by IDEM, Respondent failed to detect the presence of PCBs in a 5,000-gallon load of hazardous waste. On October 14, 1999, Respondent notified IDEM that it had implemented the following measures to prevent this type of violation from recurring:
1. A minimum of two analysts will review any Electron Caption Detector (ECD) scans that indicate any suspect activity.
2. Respondent will use two additional PCB group-mixes (for a total of nine different PCB Arochlors) for interpreting ECD activity.
3. Respondent will analyze all blend tanks for PCBs prior to transfer.
4. Respondent has hired a consultant to evaluate current standard operating procedures and employee training, and to recommend measures to prevent this violation from recurring.
b. Pursuant to 329 IAC 3.1-7-11(a), a generator who sends hazardous waste off-site must ensure that manifests are fully filled out and contain accurate information. Based on information gathered by IDEM, Respondent failed to adequately fill out Item J of manifests numbered INA1290248, INA1279791, INA1290246, INA1290247, INA290251, and INA1290299. Respondent did not include the words "multi-coded" in Item J, as required when more than four additional waste codes are applicable.
c. Pursuant to 329 IAC 13-4-3(d), generators must label all used oil containers and aboveground tanks with the words "Used Oil." Based on information gathered by IDEM, Respondent had not labeled three 55-gallon drums with the words "Used Oil." This violation was corrected during the inspection.
d. Pursuant to IC 13-30-2-1(1), no person shall discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources, into the environment. Based on information gathered by IDEM, Respondent burned PCBs which could have been emitted into the environment.
Respondent has provided IDEM with the following information regarding the operation of their cement kiln.
1. Permitted hazardous waste incinerators authorized to burn PCBs must be able to achieve between 1200 degrees F (with a residence time of 2 seconds) up to 1600 degrees F (with a residence time of 1.5 seconds).
2. Respondent's kiln must reach a temperature of 2400 degrees F in order to function.
3. Solids within the kiln reach temperatures of 2600 degrees F with gases reaching temperatures of up to 4000 degrees F.
4. Respondent's kiln has a longer gas residence time than permitted hazardous waste incinerators.
5. Continuous monitoring of kiln temperature is required for use of alternative fuels. Such monitors were functioning properly at all times.
6. High combustion temperatures, long residence times, and strong turbulence encountered in the kiln demonstrate that the kiln burns hotter and longer than a permitted hazardous waste incinerator.
e. Pursuant to IC 13-17-10-1, a person may not incinerate PCB in an incinerator unless the person holds a permit to do so. Based on information gathered by IDEM, Respondent incinerated PCBs in an incinerator but did not have a permit to do so.
6. 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 her 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 manifests contain all of the required information.
3. Upon the Effective Date of the Order, Respondent shall not incinerate PCBs unless Respondent holds a permit to do so.
4. All submittals required by this Agreed Order, unless notified otherwise in
writing, shall be sent to:
Aubrey N. Sherif, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
5. All submittals required by this Agreed Order shall contain the following certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based upon my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
6. Respondent is assessed a civil penalty of twenty thousand, eight hundred dollars ($20,800). 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
7. 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 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
8. In the event that the civil penalty required by paragraph 6 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.
9. 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.
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 the Agreed Order did not contain the invalid terms.
11. 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 that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.
12. This Agreed Order shall remain in effect until IDEM issues a Resolution of Cause letter to Respondent.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management
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: ________________________
Office of Legal Counsel
Department of Environmental Management
Date: _______________________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 2000.
For the Commissioner:
Signed August 9, 2000
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement