STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )

 

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

)

v. ) Case No. 2000-9444-H

)

KREIDER MANUFACTURING, 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 Kreider Manufacturing Inc., (ARespondent@), which owns the company with U.S. EPA ID No. IND094561693, located at 405 Gerber Street, Ligonier, LaGrange County in Indiana (ASite@).
    1. The Indiana Department of Environmental Management (AIDEM@) has jurisdiction over the parties and the subject matter of this action.

      2.  

    2. Pursuant to IC 13-30-3-3, on September 5, 2000, IDEM issued a Notice of Violation via Certified Mail to:

Mr. Richard Kreider, President Gregory A Hartzler, Registered Agent

Kreider Manufacturing Inc. 130 N. Main St.

6110 S. 020 W. Goshen, IN 46526

Wolcottville, IN 46795

5. Respondent notified the U.S. EPA of Small Quantity Generator activities on January 20, 1997. Respondent manufactures fiberglass components for the RV industry.

6. Inspections on December 10, 1999, January 28, 2000, and March 10, 2000, were conducted at the Site by a representative of IDEM=s Office Land Quality (OLQ). The following violations were in existence or observed at the time of these inspections:
    1. Pursuant to 40 CFR 262.11, owners or operators who generate solid waste must determine if that waste is hazardous. Respondent did not make proper hazardous waste determinations on the chop and sand, solidified gelcoat/resin, grinding dust, gelcoat booth filters, and floor paper.
    2. Pursuant to 40 CFR 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 40 CFR 270. Respondent stored at least nineteen (19) drums of hazardous waste on site for greater than 180 days.
    3. Pursuant to 40 CFR 270.1(c), no person shall commence or engage in the operation of a hazardous waste facility without having first obtained a permit. Respondent operated an unauthorized storage facility by storing nineteen (19) drums of hazardous waste on-site for greater than 180 days.
    4. Pursuant to 40 CFR 262.34(d)(2) referencing 40 CFR 265.171, if a container holding hazardous waste is not in good condition, or if it begins to leak, the generator must transfer the hazardous waste from this container to a container that is in good condition. Respondent did not store hazardous waste in containers that were in good condition. The drums were in various stages of deterioration.

      5.  

    5. Pursuant to 40 CFR 262.34(d)(2) referencing 40 CFR 265.174, a generator must conduct weekly inspections of container storage areas. Respondent failed to conduct weekly inspections of the container storage areas in the distillation shed, trailer and behind the facility.

    6. 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. Respondent did not label containers with accumulation start dates.
    7. 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." Respondent did not label containers with the words "Hazardous Waste."
    8. Pursuant to 40 CFR 262.34(d)(4) referencing 40 CFR 265.31, facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of a hazardous waste to the air, soil, or surface water, which could threaten human health or the environment. Respondent failed to properly manage the trailer of waste to minimize a release to the environment by allowing an unknown waste leak from a container on to the soil under the trailer.
    9. Pursuant to 329 IAC 13-4-3(d), generators must label all used oil containers with the words "Used Oil." Respondent did not label used oil containers with the words "Used Oil."

7. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.

 

  1. 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.
    1. Upon the Effective Date of the Order, Respondent shall provide IDEM with documentation of the proper hazardous waste determination for all solid wastes generated at the facility, in accordance with 40 CFR 262.11 and 40 CFR 268.7.
    2. Within thirty (30) days of the Effective Date of the Order, Respondent shall offer for transport and proper disposal, all hazardous waste which has been stored for greater than 180 days. Respondent shall submit copies of all manifests to the Office of Enforcement for review.
    3. Within thirty (30) days of the Effective Date of the Order, Respondent shall submit to IDEM for approval a closure plan for all areas on the south side of the building where waste had been stored for more than 180 days. The closure plan shall be written in accordance with the provisions of 40 CFR 264, Subpart G.
    4. Within ten (10) days of the notice of IDEM's approval of the closure plan, Respondent shall implement the plan as approved and in accordance with the time frames contained therein.
    5. 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.
    6. 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.
    7. Upon the Effective Date of the Order, Respondent shall ensure that if a container is not in good condition, or if it begins to leak, the hazardous waste is transferred from this container to a container that is in good condition, or managed in a way that ensures compliance with 40 CFR 265.171.
    8. Upon the Effective Date of the Order, Respondent shall maintain and operate its facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water, which could threaten human health or the environment.
    9. Upon the Effective Date of the Order, Respondent shall conduct weekly inspections of the container storage areas and maintain a record of the inspections.
    10. Upon the Effective Date of the Order, Respondent shall ensure that all containers used to store used oil at the facility are labeled or clearly marked with the words "Used Oil," per 329 IAC 13-4-3(d).
    11. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

      12. Deirdre Wyatt, Enforcement Case Manager

      Office of Enforcement

      Indiana Department of Environmental Management

      100 N. Senate Avenue

      P. O. Box 6015

      Indianapolis, IN 46206-6015

    12. Respondent is assessed a civil penalty of twenty eight thousand, seven hundred dollars ($28,700). This penalty reflects a significant reduction based upon evidence submitted by the Respondent which adequately demonstrated an inability to pay the original penalty amount assessed based on IDEM's civil penalty policy.
    13. The civil penalty shall be paid in the following manner: Twelve (12) monthly payments of $2,391.67 shall be due and payable to the Environmental Management Special Fund. The first payment shall be paid within 30 days of the Effective Date of this Agreed Order, and each payment thereafter shall be paid thirty days after the previous payment.

    14. 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:

      15. Violation Penalty

      Failure to comply with Order paragraph 2 $1,000/day

      Failure to comply with Order paragraph 3 $1,000/day

      Failure to comply with Order paragraph 4 $1,000/day

      Failure to comply with Order paragraph 5 $1000/day

      16. 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 penalties 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.

      17. 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 N. Senate Avenue

      P. O. Box 7060

      Indianapolis, IN 46207-7060

      18. In the event that the civil penalty required by Order paragraph 13 is not paid as described, 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.

    15. 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.

    16. 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.
    17. 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.

22. 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

Department of Environmental Management

Date: _______________________ Date: ______________________

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 2000.

 

 

For the Commissioner:

Signed 11/21/00

___________________________

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement