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. 2002-11269-H
)
RAY SKILLMAN FORD, 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 Ray Skillman Ford, Inc. ("Respondent"), which owns and operates the facility with U.S. EPA ID No. IND 982 218 562, located at 1300 U.S. 31 South in Greenwood, Johnson 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:
Mr. Ray Skillman, President Mr. Dennis A. Van Emon, Registered Agent
Ray Skillman Ford, Inc. Ray Skillman Ford, Inc.
1300 U.S. 31 South 1300 U.S. 31 South
Greenwood, Indiana 46142 Greenwood, Indiana 46142
5. Respondent notified the U.S. EPA of Small Quantity Generator activities on April 11, 1987. Respondent is a new and used car dealership that operates a service center and body shop.
6. Inspections on July 26, 2001 and January 10, 2002 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:
a. 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 one (1) 55-gallon satellite accumulation container.
b. 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 two (2) 55-gallon containers by the thinner recycler with accumulation start dates.
c. Pursuant to 40 CFR 262.34(d)(5)(iii), a generator must ensure that all employees are thoroughly familiar with proper waste handling procedures. Respondent did not train employees in proper waste handling procedures. Specifically, employees were not familiar with labeling requirements.
d. Pursuant to 40 CFR 262.34(f), a generator who generates greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month and who accumulates hazardous waste for more than 180 days is an operator of a storage facility and is subject to the requirements of 40 CFR part 264 and the permit requirements of 40 CFR part 270. Respondent stored three (3) 55-gallon containers of hazardous waste on-site by the body shop bay door for greater than 180 days without complying with 40 CFR 264 and 40 CFR 270.
On July 16, 2002, Respondent resolved this violation by providing documentation to IDEM that the three (3) 55-gallon containers by the body shop bay door did not contain hazardous waste.
e. Pursuant to IC 13-30-2-1(10) and 40 CFR 270.1(c), no person shall commence or engage in the operation of a hazardous waste facility without having first obtained a permit from IDEM. Respondent operated as a storage facility without having first obtained a permit.
On July 16, 2002, Respondent resolved this violation by providing documentation to IDEM that the three (3) 55-gallon containers by the body shop bay door did not contain hazardous waste.
f. Pursuant to 329 IAC 3.1-1-10, every hazardous waste generator, transporter, or owner or operator of a hazardous waste facility, must notify the Commissioner of its hazardous waste activity on the approved forms. Respondent failed to notify the Commissioner of storage activities.
On July 16, 2002, Respondent resolved this violation by providing documentation to IDEM that the three (3) 55-gallon containers by the body shop bay door did not contain hazardous waste.
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 shall comply with 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(2). Specifically, Respondent shall ensure that all containers of hazardous waste are marked with the accumulation start date.
3. Respondent shall comply with 40 CFR 262.34(c)(1)(ii). Specifically, Respondent shall ensure that all satellite containers of hazardous waste are properly labeled.
4. Respondent shall comply with 40 CFR 262.34(d)(5). Specifically, Respondent shall ensure that all employees are familiar with proper waste handling and emergency procedures relevant to their responsibilities.
5. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Ms. Lori A. Colpaert, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
6. Respondent is assessed a civil penalty of Five Thousand Dollars ($5,000). 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.
7. 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
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.
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 _______________, 2002.
For the Commissioner:
Adopted 10/29/02
___________________________
Felicia A. Robinson
Deputy Commissioner for
Legal Affairs