Agreed Order

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. 2001-10764-H

)

WEBER MANUFACTURING, 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 Weber Manufacturing, Inc. ("Respondent"), which owns and operates the facility with U.S. EPA ID No. IN0 000 936 757, located at 29251 CR 20, 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, on February 17, 2003, IDEM issued a Notice of Violation via Certified Mail to:

Charles A. Weber, President and Registered Agent

Weber Manufacturing, Inc.

57970 El Dorado Drive

Goshen, Indiana 46528

5. Respondent notified the U.S. EPA of Small Quantity Generator activities on November 16, 1994. Respondent notified the U.S. EPA of a change in status to Conditionally Exempt Small Quantity Generator on January 9, 2003. Respondent is a custom steel fabrication shop.

6. An inspection on June 6, 2001 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 262.11, a person who generates a solid waste must determine if that waste is hazardous. Respondent did not make hazardous waste determinations on the following wastes:

1. Used paint filters containing spent, 29% by volume, toluene thinner.

2. Sand from the sandblasting of metal parts.

Respondent conducted a waste determination on the used paint filters and provided the results to IDEM.

b. Pursuant to 40 CFR 262.12(c), a generator must not offer hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number. Respondent sent hazardous sandblast sand to a facility that does not have an EPA ID number.

Respondent disposed of the sandblast sand at the Elkhart County landfill before a proper waste determination could be made. The Respondent no longer conducts the sandblasting process that generated the waste sand.

c. Pursuant to 40 CFR 262.20 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 sandblast sand off-site without a manifest.

d. Pursuant to 40 CFR 268.7(a)(2), if a generator determines that a waste does not meet treatment standards, the generator must submit to the treatment, storage, or disposal facility a one-time notice and certification. Respondent failed to provide the notice and certification.

e. Pursuant to 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. This facility failed to properly manage sandblast sand to minimize a release to the environment.

Respondent removed and disposed of the sandblast sand at the Elkhart County landfill.

f. 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 in violation of 40 CFR 265.31. Respondent allowed the release of sandblasting sand onto the ground.

Respondent removed and disposed of the sandblast sand at the Elkhart County landfill.

g. Pursuant to IC 13-30-2-1(3), no person shall deposit any contaminants upon the land in a place or manner that creates or would create a pollution hazard that violates or would violate 40 CFR 265.31. Respondent allowed the release of sandblasting sand onto the ground.

Respondent removed and disposed of the sandblast sand at the Elkhart County landfill.

h. Pursuant to IC 13-30-2-1(4), no person shall deposit or cause or allow the deposit of any contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the solid waste management board. Respondent allowed the release of sandblasting sand onto the ground.

Respondent removed and disposed of the sandblast sand at the Elkhart County landfill.

i. Pursuant to 40 CFR 262.34(d)(5), a generator must implement certain measures to address an emergency situation. Respondent did not implement these measures.

Respondent notified the U.S. EPA of a change in status to Conditionally Exempt Small Quantity Generator on January 9, 2003.

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. Respondent is assessed a civil penalty of Three Thousand Four Hundred Dollars ($3,400). 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.

3. 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

4. In the event that the civil penalty required by Order paragraph 2 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.

5. 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.

6. 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.

7. 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.

8. 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 _______________, 2003.

For the Commissioner:

Adopted 6/24/03

___________________________

Felicia A. Robinson

Deputy Commissioner for

Legal Affairs