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. 2000-10083-H

)

JASON 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.

 

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 Jason Industries, Inc. ("Respondent"), which operates the facility with U.S. EPA ID No. IND982073876, located at 1500 West Lusher Ave., in Elkhart, Elkhart 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:

Lon Franklin, President Lon Franklin, Registered Agent

Jason Industries, Inc. 1500 W. Lusher Ave.

P.O. Box 1434 Elkhart, IN 46517

Elkhart, IN 46517

5. Respondent notified the U.S. EPA of Small Quantity Generator activities on January 11, 1988. Respondent manufactures fiberglass truck cabs. Gel Coating booths and Chop booths are utilized to manufacture the truck cabs.

6. Inspections on July 26, 2000 and August 1, 2000, were 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 these inspections:
    1. Pursuant to 40 CFR 262.11, a person who generates a solid waste must determine if that waste is hazardous. Respondent did not make proper hazardous waste determinations for TR-905 rags, 3939S rags, and methyl ethyl ketone (MEK). Respondent provided documentation of the required waste determinations to IDEM on July 12, 2001.
    2. Pursuant to 40 CFR 262.12(c), a generator must not offer hazardous waste to transporters or to treatment, storage, or disposal facilities (TSD) that have not received an EPA identification number. Respondent sent the TR-905 rags, 3939S rags, and the MEK to Hymco for transport to Earthmovers LDF for disposal. Hymco is not notified as a hazardous waste transporter and Earthmovers is not a permitted TSD. Respondent notified IDEM on July 12, 2001 that the hazardous waste rags are no longer being generated.
    3. Pursuant to 329 IAC 3.1-7-3(a), 329 IAC 3.1-7-4, and IC 13-30-2-1(12), a generator who transports or offers for transportation, hazardous waste for off-site treatment, storage, or disposal, must prepare a manifest. Respondent sent hazardous waste rags and MEK off-site to Earthmovers LDF without a manifest. Respondent notified IDEM on July 12, 2001 that the hazardous waste rags are no longer being generated.
    4. Pursuant to 40 CFR 268.7(a)(5), if a generator is treating prohibited

      5. waste in tanks, containers, or containment buildings, the generator must develop and follow a written waste analysis plan, which describes how the generator will comply with the treatment standards. Respondent did not prepare and follow a written waste analysis plan for the treatment of waste gel-coat from repair work. Respondent provided IDEM a copy of the waste analysis plan on July 12, 2001.

    5. 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 a container of acetone with the accumulation start date. Respondent has notified IDEM that all containers are properly labeled.
    6. 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 did not properly label five (5) satellite accumulation containers. Respondent has notified IDEM that all containers are properly labeled.
    7. Pursuant to 40 CFR 262.34(d)(2) 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 five (5) containers closed. Respondent has notified IDEM that all hazardous waste containers are being stored closed.
    8. 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 180-day container storage area. Respondent submitted to IDEM on July 12, 2001 documentation of the weekly inspections.
    9. Pursuant to 40 CFR 262.34(d)(5)(ii), a generator must post the emergency coordinator's telephone number, the telephone number of the fire department, and the location of the fire extinguishers, fire alarm, and spill control material. Respondent did not post the required emergency information next to the telephone. Respondent notified IDEM on July 12, 2001 that the required information is posted.
    10. 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 allowed a release to occur adjacent to the hazardous waste storage area. On August 17, 2000, Respondent submitted to IDEM documentation of the clean up activities.

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. 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

3. Respondent is assessed a civil penalty of Eighteen Thousand and Eight Hundred Dollars ($18,800). Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall pay a portion of this penalty in the amount of Three Thousand, Seven Hundred and Sixty Dollars ($3,760). Said penalty amount shall be due and payable to the Environmental Management Special Fund. In lieu of payment of the remaining civil penalty, Respondent shall perform and complete a Supplemental Environmental Project ("SEP"). Respondent estimates that this SEP will cost Forty Thousand, Six Hundred Dollars ($40,600). Within forty five (45) days of completing this SEP, Respondent shall submit written notice and documentation to IDEM, which substantiates all actions taken and costs incurred with respect to the SEP. In the event that the cost of the SEP is less than Thirty Thousand and Eighty Dollars ($30,080), Respondent shall pay fifty percent (50%) of the difference between the proposed cost of the SEP and the actual cost of the SEP.

4. As a Supplemental Environmental Project, Respondent shall reduce styrene emissions to the environment by raw material reformulation or substitution of raw materials. The emissions will be reduced by testing multiple types and formulations of resins and gel coats in order to reduce the styrene to 33% for resins and 30% for the gel coats. Respondent shall obtain the reduced emissions by no later than January 1, 2003. Implementation of this SEP will reduce the air pollution emitted from the facility.

5. In the event that the Respondent does not complete the SEP by January 1, 2003, the full amount of the civil penalty as stated in paragraph 3 above, plus interest established by IC 24-4.6-101 on the remaining amount, less the portion of the civil penalty Respondent has already paid, will be due within fifteen (15) days from Respondent's receipt of IDEM’s notice to pay. Interest, at the rate established by IC 24-4.6-1-101, shall be calculated on the amount due from the date which is thirty (30) days after the Effective Date of this Agreed Order until the full civil penalty is paid.

6. 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

7. In the event that the civil penalty required by Order paragraph 3 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.

8. 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.

9. 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.

10. 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.

11. 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

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 _____ DAY OF _______________, 2001.

 

 

 

For the Commissioner:

 

Signed 8/8/01

___________________________

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement