STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )

 

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

) CASE NO. 2000-9226-H

v. )

)

)

SYNDICATE SYSTEMS, 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.

Pursuant to 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.

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 Syndicate Systems, Inc. (hereinafter referred to as "Respondent"), which is a company doing business at 402 N. Main Street, located in Elkhart County, Indiana.
  1. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.
  2. Pursuant to IC 13-30-3-3, on June 6, 2000, IDEM issued a Notice of Violation via Certified Mail to:

Shonna L. Kosh, Incorporator CT Corporation System, Registered Agent

Syndicate Systems, Inc. Syndicate Systems, Inc.

No.1 Leggett Road. One Capitol Avenue

Carthage, MO 64836 Indianapolis, IN 46204

5. Respondent notified the U.S. EPA of Large Quantity Generator activities on February 6, 1997, and was assigned the EPA identification number IND005130331.

  1. Respondent was inspected on March 28, 2000, by Chris Lowell 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.
    1. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.192(a), a generator with a new tank system must have an integrity assessment certified by an independent, qualified, registered professional engineer in accordance with 40 CFR 270.11(d) attesting that the system has sufficient structural integrity. Based on information gathered by IDEM, Respondent did not provide the required integrity assessment for the two hazardous waste tanks. The Respondent has notified IDEM of the installation of an elementary neutralization system. Pursuant to 40 CFR 265.1(c)(10), the tank systems, as part of the neutralization system, are no longer subject to 40 CFR 260 through 40 CFR 273.
    2. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.192(g), a generator must obtain and keep on file written statements and the certifications of those persons attesting to the design, installation, and repairs of the tank system. Based on information gathered by IDEM, Respondent failed to have documentation for the two hazardous waste tank systems as required. The Respondent has notified IDEM of the installation of an elementary neutralization system. Pursuant to 40 CFR 265.1(c)(10), the tank systems, as part of the neutralization system, are no longer subject to 40 CFR 260 through 40 CFR 273.
    3. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.193, all new and existing tank systems must have secondary containment. Based on information gathered by IDEM, Respondent failed to provide secondary containment for the two hazardous waste tank systems. The Respondent has notified IDEM of the installation of an elementary neutralization system. Pursuant to 40 CFR 265.1(c)(10), the tank systems, as part of the neutralization system, are no longer subject to 40 CFR 260 through 40 CFR 273.
    4. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.194(b), a generator must use appropriate controls and practices to prevent spills and overflows from tank or secondary containment systems. Based on information gathered by IDEM, Respondent’s two hazardous waste tanks did not have adequate overfill prevention controls. The Respondent has notified IDEM that overfill protection has been installed. The Respondent has notified IDEM of the installation of an elementary neutralization system. Pursuant to 40 CFR 265.1(c)(10), the tank systems, as part of the neutralization system, are no longer subject to 40 CFR 260 through 40 CFR 273.
    5. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.196, a tank or secondary containment system from which there has been a leak or spill or which is otherwise unfit to use must be removed from service immediately. Based on information gathered by IDEM, Respondent failed to remove a leaking tank system from service. The Respondent has notified IDEM that the tank has been repaired. The Respondent has notified IDEM of the installation of an elementary neutralization system. Pursuant to 40 CFR 265.1(c)(10), the tank systems, as part of the neutralization system, are no longer subject to 40 CFR 260 through 40 CFR 273.
    6. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.195, a generator must inspect tank systems once each operating day. Based on information gathered by IDEM, Respondent did not conduct the required inspections. The Respondent has notified IDEM that daily inspections are currently being conducted. The Respondent has notified IDEM of the installation of an elementary neutralization system. Pursuant to 40 CFR 265.1(c)(10), the tank systems, as part of the neutralization system, are no longer subject to 40 CFR 260 through 40 CFR 273.

7. 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. At any time that the tank systems are not functioning as part of the elementary neutralization system, the Respondent will manage the tank systems in accordance with 40 CFR 265 Subpart J.
  3. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

Deirdre Wyatt, Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 North Senate Avenue

P.O. Box 6015

Indianapolis, Indiana 46206-6015

4. 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."

5. Respondent is assessed a civil penalty of Nine Thousand Dollars ($9,000). Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall pay a portion of this penalty in the amount of Nine Hundred Dollars ($900). Said penalty amount shall be due and payable to the Environmental Management Special Fund. In lieu of payment of the remaining civil penalty, Respondent shall perform and complete a Supplemental Environmental Project ("SEP"). Respondent estimates that this SEP will cost Seventy One Thousand, Ninety Dollars ($71,090). Within thirty (30) days of completing this SEP, Respondent shall submit written notice and documentation to IDEM, which substantiates all actions taken and costs incurred with respect to the SEP. In the event that the cost of the SEP is less than Sixteen Thousand, Two Hundred Dollars ($16,200), Respondent shall pay Fifty Percent (50%) of the difference between the Sixteen Thousand, Two Hundred Dollars ($16,200) and the actual cost of the SEP.

6. As a Supplemental Environmental Project, Respondent shall install a centrifuge system at the paint stripping operation. Respondent shall purchase and install the centrifuge system by no later than February 30, 2001. Implementation of this SEP will reduce the amount of waste sent off site for disposal.

 

7. In the event that the Respondent does not complete the SEP by February 30, 2001, the full amount of the civil penalty as stated in paragraph #5 above, plus interest established by IC 24-4.6-101 on the remaining amount, less the portion of the civil penalty Respondent has already paid, will be due within fifteen (15) days from Respondent's receipt of IDEM’s notice to pay. Interest, at the rate established by IC 24-4.6-1-101, shall be calculated on the amount due from the date which is thirty (30) days after the Effective Date of this Agreed Order until the full civil penalty is paid.

8. Stipulated penalties shall be due and payable within thirty (30) days after Respondent receives written notice that the Complainant has determined a stipulated penalty is due. Assessment and payment of stipulated penalties shall not preclude the Complainant from seeking any additional relief against the Respondent for violation of the Agreed Order. In lieu of assessment of any of the stipulated penalty given above, the Complainant may seek any other remedies or sanctions available by virtue of Respondent's violation of this Agreed Order or Indiana Law, including, but not limited to, civil penalties pursuant to IC 13-30-4.

9. Civil 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:

Cashier

IDEM

100 North Senate Avenue

P.O. Box 7060

Indianapolis, Indiana 46207-7060

10. In the event that the civil penalty required by Order paragraph 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.

11. 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.

12. 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.

13. 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.
  1. 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:____________________________

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

Date:__________________________ Date:___________________________

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS __________ DAY OF __________________, 2000.

 

For the Commissioner:

Signed 10/31/00

_________________________

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement