STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS:
COUNTY OF MARION ) OF ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
) Case No. 2000-9380-H
v. )
)
SUPREME CORPORATION , )
)
)
)
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 Supreme Corporation ("Respondent"), which operates the company with U.S. EPA ID No. 064 702 988, located at 16500 CR 38, in Goshen, Elkhart 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 23, 2000, IDEM issued a Notice of Violation via Certified Mail to:
Mr. Omer G. Kropf, President
Supreme Corporation
16500 Country Road 38
Goshen, Indiana 46526
The Prentice-Hall Corporation System, Inc., Registered Agent
Supreme Corporation
251 East Ohio Street Suite 500
Indianapolis, Indiana 46204
5. Respondent notified the U.S. EPA of Large Quantity Generator activities on August 17, 1987. Respondent manufactures truck bodies and related component parts.
6. A record review on May 1, 2000, and an investigation of the facility on May 2, 2000, were conducted at the Site by representatives of the Office of Land Quality (AOLQ@). The following violations were in existence or observed at the time of this review and inspection.
a. Pursuant to 40 CFR 262.34(b), a generator who accumulates hazardous waste for more than 90 days is an operator of a storage facility and is subject to the requirements of 40 CFR 264 and 265 and the permit requirements of 40 CFR 270. Respondent became an operator of a storage facility when the Respondent stored two (2) 55-gallon drums of hazardous waste (D001, F003, F005), located at the south storage shed, for more than 90 days.
b. 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 does not have a permit to operate as a storage facility.
c. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.31, the facility must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned release of hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment. Respondent had not maintained and operated the facility to minimize the possibility of a release of hazardous waste to the environment. Hazardous waste paint (D001, F003, F005) was observed on the floor in the south storage shed. Respondent submitted documentation of compliance on December 15, 2000.
d. Pursuant to 329 IAC 3.1-7-14, a generator who ships hazardous waste off-site to a treatment, storage, or disposal facility within the United States must prepare and submit biennial reports to IDEM. Respondent failed to submit the1999 Biennial Report. Respondent submitted documentation of compliance on August 10, 2000.
7. A settlement conference was held on December 15, 2000, to discuss the issues contained in the Agreed Order.
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 this Agreed Order, Respondent shall comply with 40 CFR 262.34(b), IC 13-30-2-1(10) and 40 CFR 270.10. Specifically, Respondent shall ensure that all hazardous waste which has been stored for greater than ninety days is manifested off-site to a treatment, storage or disposal facility. Respondent shall submit copies of all manifests used to accompany this waste to IDEM within five (5) days from the time it is shipped off-site. In the future, ensure that hazardous waste is not stored for greater than 90 days without obtaining a permit for hazardous waste storage from IDEM.
3. In the future, Respondent shall ensure that the facility does not operate as a hazardous waste storage facility without complying with the requirements of 40 CFR 264.
4. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall decontaminate the hazardous waste container storage area noted in Finding 6.a, as follows:
a. remove all wastes from the pad and appropriately dispose;
b. mechanically clean the pad by scraping, sweeping, or other method, to remove all physical contamination;
c. inspect the pad for cracks. If cracks are detected, perform Item i. at this point;
d. wash the pad with a high pressure steam cleaner with detergent or appropriate solvent to remove the previously stored waste materials;
e. rinse the pad three (3) times with water;
f. collect the third (final) rinsate separately and analyze two (2) samples to show that the pad’s surface meets the cleanup levels. For inorganic and certain organic parameters, the cleanup levels of the rinsate will be based on the Maximum Contaminant Levels (MCLs) of the National Primary Drinking Water Regulations (40 CFR 141). For the organic parameters without MCLs, the cleanup levels of the rinsate will be based on the analytical methods’ Estimated Quantitation Limits (EQLs), as defined in SW-846. The analytical parameters will be based on wastes previously stored on the pad;
g. ensure that care is taken to prevent migration of cleaning liquids from the pad area;
h. collect and dispose of all residues and rinsates as hazardous waste unless the residues and rinsates are analyzed and determined to be non-hazardous;
i. sample the soil underlying any cracks found in the inspection to check for contamination. If no contamination is found, seal the cracks and proceed with Items d. through h. above. If contamination is found, submit a hazardous waste closure plan to IDEM for approval for the container storage area in accordance with the provisions of 40 CFR 264 Subpart G. Upon notice of approval of the closure plan by IDEM, implement the approved plan in accordance with the time frames contained therein.
5. Within fifteen (15) days of completing the decontamination required in Order 4, Respondent shall submit documentation, including sample results, that the decontamination has been completed to IDEM for review. Analytical results submitted to IDEM for review shall include signed chain-of-custody sheets, sampling dates, analysis dates, analytical methods used, MCLs, EQLs and quality control results. The quality assurance/quality control (QA/QC) results shall include initial and continuing calibration results, blank results, matrix duplicates, and matrix spike/matrix spike duplicate results.
6. In the future, Respondent shall ensure that procedures to prevent releases of hazardous waste are implemented.
7. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Ms. Idelia Walker-Glover, 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:
A
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 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 Nine Thousand Dollars ($9,000). 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.
10. In the event the terms and conditions of the following paragraphs are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amount:
Violation
PenaltyFailure to comply with Order Paragraph 2 $1000 per day
Failure to comply with Order Paragraph 4 $1000 per day
Failure to comply with Order Paragraph 5 $1000 per day
11. 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 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.
12. Civil and stipulated 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
13. In the event that the civil penalty required by Order 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 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.
15. In the event that any terms of the 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 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 Case letter to Respondent.
TECHNICAL RECOMMENDATIONS: RESPONDENT:
Department of Environmental Management Supreme Corporation
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 2/22/01
________________________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement