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. 2000-9559-H
)
VISTEON SYSTEMS, LLC, )
)
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 procedure.
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 Visteon Systems, LLC, ("Respondent"), which operates the facility with U.S. EPA ID No. IND 006420699, located at 4747 Western Avenue, in Connersville, Fayette 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 on October 2, 2000, via Certified Mail to:
W.H. Shillingford CT Corporation
Plant Manager Registered Agent for Visteon
Visteon Systems, LLC Systems, LLC
4747 Western Avenue One North Capitol Ave.
Connersville, Indiana 47331 Indianapolis, Indiana 46204
a. Pursuant to 40 CFR 262.34(c)(1), a generator may accumulate as much as fifty-five (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. Respondent accumulated waste in a satellite accumulation container that was not under the control of the operator of the process generating the waste.
b. Pursuant to 40 CFR 262.34(a)(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 hazardous waste to the air, soil, or surface water, which could threaten human health or the environment. Respondent failed to properly manage F019 sludge from the wastewater treatment system to minimize the possibility of a release to the environment. Respondent submitted information to IDEM, in a letter dated April 2, 2001, demonstrating that the floor around the roll-off used to accumulate the F019 sludge is contained and drains back to sump in the waste water treatment process. Respondent provided records that any spillage of F019 sludge onto the floor is cleaned up on a daily basis.
c. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.32, all facilities must be equipped with an internal communications or alarm system; a device such as a telephone or hand-held two-way radio; and fire control, spill control, and decontamination equipment. Respondent did not equip the facility with spill control equipment at the container storage area and the hazardous waste tank area. Respondent presented information on October 24, 2000, demonstrating that the required equipment was located at a central location(s) of the facility at the time of the inspection.
d. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.193, all new and existing tank systems must have secondary containment. Respondent did not provide secondary containment for ancillary equipment associated with the piping system inside the building between the distillation unit and the tanks. Respondent installed pipe jacketing for the ancillary equipment associated with the piping system by November 19, 2000, and completely removed the process associated with the hazardous waste operations in December of 2000, thereby making this requirement inapplicable.
e. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.202, generators must manage all hazardous waste in a tank in accordance with the applicable requirements of 40 CFR Subparts AA, BB, and CC. Respondent did not comply with all applicable requirements of 40 CFR 265, Subparts BB and CC. Respondent completely removed the process associated with the hazardous waste operations in December of 2000, thereby making the 40 CFR 265, Subparts BB and CC inapplicable.
f. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.1050, owners or operators of facilities that treat, store, or dispose of hazardous waste must comply with the air emission standards of 40 CFR 265, Subpart BB, for equipment leaks. Respondent failed to comply with the 40 CFR 265, Subpart BB standards for equipment associated with tanks. Specifically, adequate leak detection and repair requirements, including equipment monitoring, record keeping, and equipment marking, were not followed. Ancillary equipment for the 3000-gallon hazardous waste tanks, including pumps, valves, flanges and other connectors, was not marked and had not been monitored as required. Additionally, a visual leak was evident on a hose connection under Tank 888. Respondent completely removed the process associated with the hazardous waste operations in December of 2000, thereby making the 40 CFR 265, Subparts BB and CC inapplicable.
g. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.1085(c), air pollutant emissions from each tank subject to Tank Level 1 controls shall be operated in accordance with the requirements of this part. Respondent did not operate tanks subject to Tank Level 1 controls as required. Specifically, Respondent was unable to provide documentation that an initial and annual leak inspection had been conducted. Monitoring indicated emissions exceeding 500 ppm coming from the man way on Tank 888, the man way on Tank 889, the tank level indicator tube for both tanks, an opening at the agitator shaft on Tank 889, the high level alarm fitting on Tank 889, and the roof vent from Tank 888. Additionally, the man way covers on both tanks were missing all but one of their respective bolts, making them unsecured. The agitator had been removed from Tank 889, leaving an opening in the tank. The threaded fitting at the high level alarm on Tank 889 was not sealed tightly. The tank level indicator tube is open-ended. The control device on the roof vent was not working adequately. Respondent submitted information to IDEM, in a letter dated April 2, 2001, indicating that the device in question on the roof vent was a two inch flame arrester located on top of the vent. Respondent completely removed the process associated with the hazardous waste operations in December of 2000, thereby making the 40 CFR 265, Subparts BB and CC inapplicable.
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. Upon the Effective Date of this Agreed Order, Respondent shall ensure compliance with 40 CFR 262.34(c)(1). Specifically, Respondent shall ensure that satellite accumulation containers holding hazardous waste are maintained under the control of the operator of the process generating the waste.
3. Upon the Effective Date of the Order, Respondent shall ensure compliance with 40 CFR 265.31. Specifically, Respondent shall ensure that measures are provided at the facility to minimize the possibility of a release of the F019 hazardous waste.
4. Upon the Effective Date of the Order, Respondent shall ensure compliance with 40 CFR 265.32. Specifically, Respondent shall ensure that spill control equipment is provided for the container storage area and the hazardous waste tank area.
5. In the future, if Respondent stores hazardous waste in tanks, Respondent shall ensure compliance with 40 CFR 265.193.
6. In the future, if Respondent stores hazardous waste in tanks, Respondent shall ensure compliance with 40 CFR 265, Subparts BB and CC.
7. All submittals required by this Agreed Order, unless notified otherwise in
writing, shall be sent to:
Brenda Lepter
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 Twenty Six Thousand Four Hundred dollars ($26,400). 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. The civil penalty is 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
10. 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.
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 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.
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.
14. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management Visteon Systems, LLC
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 ____________________, 2001.
For the Commissioner:
___________________________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement