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. 2000-9626-H

)

HOWMET 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 (AComplainant@) of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.
    1. Respondent is Howmet Corporation (ARespondent@), the company with U.S. EPA ID No. IND044209229, located at 1110 Lincolnway, La Porte, in La Porte County, Indiana (ASite@)
    2. The Indiana Department of Environmental Management (AIDEM@) has jurisdiction over the parties and the subject matter of this action.
    1. Pursuant to IC 13-30-3-3, on October 10, 2000 IDEM issued a Notice of Violation via Certified Mail to:

      2. David L. Squier, President CT Corporation System, Registered Agent

      Howmet Corporation 36 S. Pennsylvania Street

      475 Steamboat Rd. Suite 700

      Greenwich, CT 06830 Indianapolis, IN 46204

    2. Respondent is a Large Quantity Generator that notified IDEM of hazardous waste activities on November of 1992. Respondent is an injection mold casting operation for aircraft and industrial gas turbines.
    3. Inspections on May 16, 2000 and June 1, 2000, were conducted at the Site by a representative of IDEM=s Office of Land Quality. The following violations were in existence or observed at the time of these inspections:
    1. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.173(a), a container holding hazardous waste must always be closed during storage, unless necessary to add or remove waste. Respondent failed to store one (1) 55-gallon satellite accumulation container closed. On November 21, 2000, IDEM was notified by the Respondent that this violation had been corrected.
    2. Pursuant to 40 CFR 262.34(c)(1)(ii), 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 containers are marked with either the words "Hazardous Waste" or with other words describing the contents. Respondent failed to properly label three (3) satellite accumulation containers. On November 21, 2000, IDEM was notified by the Respondent that this violation had been corrected.
    3. Pursuant to 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 90 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 failed to label eight (8) containers with accumulation start dates. On November 21, 2000, IDEM was notified by the Respondent that this violation had been corrected.
    4. Pursuant to 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that the containers are marked with the words "Hazardous Waste." Respondent failed to label fourteen (14) containers with the words "Hazardous Waste." On November 21, 2000, IDEM was notified by the Respondent that this violation had been corrected.
    1. Pursuant to 329 IAC 13-4-3(d), generators must label all used oil containers and above ground tanks with the words AUsed Oil.@ Respondent failed to label six (6) used oil containers with the words AUsed Oil.@ On November 21, 2000, IDEM was notified by the Respondent that this violation had been corrected.
    2. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.51, a generator must have a contingency plan. Respondent did not have a contingency plan.
    3. Pursuant 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(a), (b), & (c), facility personnel must complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in compliance with the hazardous waste management rules. Employees must be trained within six months after their date of hire and must take part in an annual review of the initial training. Respondent failed to provide personnel with initial and annual training.
    4. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.174, a generator must conduct weekly inspections of container storage areas and containment areas. Respondent failed to conduct weekly inspections of the Hazardous Waste Storage Area and the Flammable Hazardous Waste Storage Shed. On November 21, 2000, Respondent reported to IDEM that the facility is now conducting weekly inspections.
    5. 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 is not equipped with spill control equipment for the Hazardous Waste Storage Area.
    6. 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 a hazardous waste to the air, soil, or surface water, which could threaten human health or the environment. Respondent failed to properly manage the satellite accumulation drum located in the Post Cast Area, the secondary containment for the caustic tank systems, the Carter Day Baghouse, and the Main Baghouse Collection System to minimize a release to the environment. On December 12, 2000, Respondent notified IDEM that the Carter Day and Main Baghouse Collection System, as well as the Post Cast Area has been decontaminated and that samples of the areas established that there is no contamination remaining. Howmet provided IDEM with a copy of the analyticals.
    7. Pursuant to IC 13-30-2-1(1), no person shall discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources, into the environment. Respondent had spillage of waste shot blast and sandblast grit released onto the ground as well as spillage in the Post Cast Area.

7. On November 21, 2000, the parties met to discuss the above allegations.

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.
    1. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 265.51. Specifically, Respondent shall develop and implement a contingency plan. Respondent shall submit to IDEM a copy of the facility's contingency plan.
    2. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 265.16(a), (b), and (c). Specifically, Respondent shall implement a training program. Respondent shall submit to IDEM documentation of the required training program and a list of the facility personnel that have completed the training.
    3. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall submit to IDEM documentation verifying the required weekly inspections.
    4. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 265.32. Specifically, Respondent shall equip the Hazardous Waste Storage Area with spill control equipment.
    5. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 265.31. Specifically, Respondent shall maintain and operate the facility 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.
    6. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 264.196(b)(2). Specifically, Respondent shall insure that the caustic waste is removed from the tank system's secondary containment system. Respondent shall insure that all released materials to a secondary containment system are removed within 24 hours or in as timely a manner as is possible to prevent harm to human health and the environment.

8. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

Deirdre L. Wyatt, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 6015

Indianapolis, IN 46206-6015

    1. Respondent is assessed a civil penalty of Thirty Thousand, Six Hundred Dollars ($30,600). 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.
    2. 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:

      3. Violation Penalty

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

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

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

      Failure to comply with Order paragraph 5 $1,000 per day

    3. 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.
    4. 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:

      5. Cashier

      IDEM

      100 N. Senate Avenue

      P. O. Box 7060

      Indianapolis, IN 46207-7060

    5. 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.
    6. 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.
    7. 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.
    8. 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.
    9. This Agreed Order shall remain in effect until IDEM issues a Resolution of Cause letter to Respondent.

 

 

TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management

By: _________________________ By: _________________________

Nancy 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 __9___ DAY OF ____February_______, 2001.

 

 

 

 

For the Commissioner:

 

___________________________

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement