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. 2000-9723-H

)

POLLUTION CONTROL INDUSTRIES, 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. 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 proceeding.

 

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 Pollution Control Industries, Inc., ("Respondent"), which operates the facility with U.S. EPA ID No. IND 000 646 943, located at 4343 Kennedy Avenue, in East Chicago, Lake County, Indiana ("Site").

3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and the subject matter of this action.

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4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:

Ms. Tita LaGrimas John Newell, Registered Agent for

Pollution Control Industries, Inc. Pollution Control Industries, Inc.

4343 Kennedy Avenue 4343 Kennedy Avenue

East Chicago, IN 46312 East Chicago, IN 46312
    1. Respondent notified the U.S. EPA of Large Quantity Generator, treatment, and storage activities on July 7, 1989. Respondent is a Part B hazardous

waste treatment and storage facility, primarily functioning as a large quantity generator and fuel blender of hazardous wastes.

    1. An inspection on August 3, 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(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 did not store three (3) roll-off containers fully closed. These containers were located in the Area 3 Apron and Area 7, and were properly covered at the time of the inspection.

    1. Pursuant to Permit Condition II. A., the Permittee shall maintain and operate the facility 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 hazardous waste container #872066 which was found leaking during the inspection. The container was on concrete and the violation was corrected at the time of the inspection
    2. Pursuant to Permit Condition III. E.2.a, the Permittee must place incoming containerized wastes in permitted units within seventy-two (72) hours of entering the facility boundary. Respondent failed to move three (3) 55-gallon containers of incoming waste into the permitted storage area within 72 hours. These containers were found in Area 7, south of the lab (Row 17).

      3.  

       

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    3. Pursuant to Permit Condition III. E.1, Attachment D, the Permittee shall store containers holding free liquids only in designated areas.

Respondent stored numerous containers of free liquids in an area permitted for solids only.

    1. 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. Respondent shall comply with 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.173(a). Specifically, Respondent shall ensure that all containers of hazardous waste are closed during storage, except when it is necessary to add or remove waste.

3. Respondent shall comply with Permit Condition II.A. 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 hazardous waste to the air, soil, or surface water, which could threaten human health or the environment.
    1. Respondent shall comply with Permit Condition III. E.2.a. Specifically, Respondent shall ensure that all incoming containerized wastes must be place in permitted units within seventy-two (72) hours of entering the facility boundary.
    2. Respondent shall comply with Permit Condition III. E.1., Attachment D. Specifically, Respondent shall store containers holding free liquids only in designated areas.

6. 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.

 

 

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7. Civil 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

8. In the event that the civil penalty required by Order paragraph 6, 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.

9. 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.

10. 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.

11. 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.

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

 

 

 

 

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TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management

By: __________________________ By: ________________________

Nancy L. Johnston, Chief

Office of Enforcement Printed:_____________ _____

Title: ________________________

Date: __________________________ Date: ________________________

 

COUNSEL FOR COMPLAINANT: 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 _29__ DAY OF __June__________, 2001.

 

For the Commissioner:

 

Signed 6/29/2001____

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement