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. 2000-9459-H

)

KEYSTONE SERVICES, 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 Keystone Services, Inc., ("Respondent"), which owns the facility with U.S. EPA ID No. IND 984 895 987, located at 1500 Genesis Drive, in LaPorte, LaPorte County, Indiana ("Site").

3. The Indiana Department of Environmental Management ("IDEM") 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. Marc A. Biolchin, President C T Corporation, Registered Agent

Keystone Services, Inc. One North Capitol

13527 S. Halsted Indianapolis, Indiana 46204

Chicago, Illinois 60627

• Respondent notified the U.S. EPA of Large Quantity Generator activities on April 19, 1991. Respondent manufactures chrome plated rams and tubes for hydraulic devices. Plating and warehousing occur at this location.



• An inspection on March 17 and 18, 2000, was conducted at the Site by a representative of IDEM's Office of Land Quality ("OLQ"). The following violations were in existence or observed at the time of this 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 the permit requirements of 40 CFR 270. Respondent stored four (4) drums of D007 sludge on-site for greater than 90 days without complying with 40 CFR 264 and 40 CFR 270.

b. Pursuant to IC 13-30-2-1(10) and 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 from IDEM. Respondent operated as a storage facility without having first obtained a permit.

c. Pursuant to 329 IAC 3.1-1-10, every hazardous waste generator, transporter, or owner or operator of a hazardous waste facility, must notify the Commissioner of its hazardous waste activity on the approved forms. Respondent failed to notify the Commissioner of storage activities.

d. 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. At the time of the inspection, Respondent did not have a proper tank integrity assessment for Tanks T-4 and Tank T-7. Respondent submitted an integrity assessment for the aforementioned tanks during the settlement conference of October 24, 2000. It is currently under review by IDEM staff.

e. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.195, a generator must inspect tank systems once each operating day. Respondent did not conduct the required daily inspections.

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.

• Respondent shall comply with 40 CFR 262.34(b) and shall not store hazardous waste on-site for greater than 90 days without first complying with the storage requirements of 40 CFR 264 and the permit requirements of 40 CFR 270.



• Respondent shall comply with IC 13-30-2-1(10) and 40 CFR 270.1(c) and shall not commence or engage in the operation of a hazardous waste facility without having first obtained a permit from IDEM.



• Respondent shall comply with 329 IAC 3.1-1-10, and notify the Commissioner of its hazardous waste activity on the approved forms should those activities change from the present notification.

• Respondent shall comply with 40 CFR 265.195, and inspect its tank system once each operating day.

6. All submittals required by this Agreed Order, unless notified otherwise in

writing, shall be sent to:

Richard R. Milton, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 6015

Indianapolis, IN 46206-6015

8. Respondent is assessed a civil penalty of Eleven Thousand Six Hundred Dollars ($11,600). 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.

9. 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.

10. 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

11. In the event that the civil penalty required by Order paragraph 8, 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.

12. 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.

13. 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.

14. 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.

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

TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management Keystone Services, Inc.

By: _________________________ By: _________________________

Nancy L. Johnston

Chief, Hazardous Waste Section Printed: ______________________

Office of Enforcement

Title: ________________________

Date: ________________________ Date: ________________________

COUNSEL FOR COMPLAINANT:

Department of Environmental Management

By: _________________________

Office of Legal Counsel

Department of Environmental Management

Date: _______________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _20__ DAY OF __NOVEMBER_____________, 2000.

For the Commissioner:

__Signed 11/20/2000 Felicia A. Robinson

Assistant Commissioner

Office of Enforcement