STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )

 

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

) CAUSE NO. 2000-9298-H

v. )

)

THREE RIVERS GOLD PLATING COMPANY )

)

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 "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 Three Rivers Gold Plating Company (hereinafter referred to as "Respondent"), which is a company doing business at 1506 Wall Street, Ft. Wayne, located in Allen County, Indiana.

3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.
  1. Pursuant to IC 13-30-3-3, on June 19, 2000, IDEM issued a Notice of Violation via Certified Mail to:

John Thomas Hendry, President and Registered Agent

Three Rivers Gold Plating Company

1506 Wall Street

Ft. Wayne, IN 46802

  1. Respondent notified the U.S. EPA of Small Quantity Generator activities in June 1990, and was assigned the EPA identification number IND 984876508.
  2. Respondent was originally inspected on February 23, 1999. A Violation Letter was mailed to the Respondent on April 20, 1999 requesting waste determinations on thirteen (13) materials. Subsequent inspections and response reviews resulted in a Letter of Inadequacy dated February 22, 2000.
  3. Respondent was inspected again on April 7, 2000 by Gary Romesser of the 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 CRF 262.34(f), a generator who generates greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month and who accumulates hazardous waste for more than 180 days is an operator of a storage facility and is subject to the requirements of 40 CFR part 264 and the permit requirement of 40 CFR part 270. Based on information gathered by IDEM, Respondent stored several drums of hazardous waste in the outside storage area for greater than 180 days without complying with 40 CFR 264 and the permit requirements of 40 CFR 270. There were some drums that had been on site since the summer of 1999.
    2. Pursuant to 40 CFR 262.34(d)(4) referencing 40 CFR 265.35, a generator must maintain adequate aisle space to allow the unobstructed movement of personnel, fire protection, spill control, and decontamination equipment. Based on information gathered by IDEM, Respondent did not provide the required aisle space in the outside storage area.
    3. Pursuant to 40 CFR 262.34(c)(1), a generator may accumulate as much as 55 gallons of hazardous waste at or near the point of generation without a permit and without complying with 40 CFR 262.34(a), provided that the waste is under the control of the operator of the process generating the waste. Based on information gathered by IDEM, Respondent accumulated hazardous waste identified as "Chrome Hazardous Waste" in satellite accumulation containers in the production room that were not kept at or near the point of generation.

      4.  

    4. Pursuant to 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 180 days or less without a permit, provided that the date when the accumulation begins is clearly marked and visible for inspection on each container. Based on information gathered by IDEM, Respondent had several containers of hazardous waste stored in the outside storage area that were not marked with accumulation start dates.
    5. Pursuant to 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for 180 days or less without a permit, provided that the containers are marked with the words "Hazardous Waste." Based on information gathered by IDEM, Respondent had several drums of hazardous waste in the outside storage area that were not marked with the words "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 her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
  2. Within thirty (30) days of the Effective Date of the Order, Respondent shall submit paperwork to IDEM documenting the shipment of the containers that have been on site greater than 180 days to an authorized treatment, storage, disposal facility (TSDF).
  3. Upon the Effective Date of the Order and as long as the Respondent meets the definition of a Small Quantity Generator (as defined in 40 CFR 262.34(d-f)), Respondent shall not accumulate hazardous waste for greater than 180 days. If Respondent becomes a Large Quantity Generator, Respondent shall immediately inform IDEM of the change in status and comply with all relevant requirements.
  4. Upon the Effective Date of the Order, Respondent shall ensure that the required aisle space is maintained in the outside storage area.
  5. Upon the Effective Date of the Order, Respondent shall ensure that all containers used to accumulate hazardous waste are clearly marked with the words "Hazardous Waste" and the accumulation start date.
  6. Upon the Effective Date of the Order, Respondent shall ensure that satellite accumulation containers are kept at or near the point of generation, under the control of the operator of the process generating the waste.
  7. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

Deirdre L. Wyatt, Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 North Senate Avenue

P.O. Box 6015

Indianapolis, Indiana 46206-6015

8. 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."

9. Respondent is assessed a civil penalty of Twenty Thousand, and Four Hundred Dollars ($20,400). Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall pay a portion of this penalty in the amount of Four Thousand, and Eighty Dollars ($4,080). 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 Five Thousand, and One Hundred Dollars ($75,100). 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 Thirty Two Thousand, Six Hundred and Forty Dollars ($32,640), Respondent shall pay 50% of the difference between the proposed cost of the SEP ($75,100) and the actual cost of the SEP.

  1. As a Supplemental Environmental Project, Respondent shall reduce the amount of hazardous waste generated by the facility. The estimated reduction of hazardous waste generated per year will be 24,000 pounds. Respondent shall implement a combination of counter-flow and spray rinses, ion exchange, and electro-winnowing by no later than December 11, 2001. Implementation of this SEP will enable the facility to reduce the amount of hazardous waste water generated and to reduce the amount of metals being disposed of as hazardous waste by recycling.
  2. In the event that the Respondent does not complete the SEP by December 11, 2001, the full amount of the civil penalty as stated 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.

12. 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

13. In the event that the civil penalty required by paragraph 9 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.

14. This Agreed Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, 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.

15. 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.

16. 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.

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

 

 

 

TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management Three Rivers Gold Plating Co.

 

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 __2________ DAY OF _____February___, 2001.

 

 

 

For the Commissioner:

 

 

_________________________

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement