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. 2001-11270-H

)

KS BEARINGS, 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 KS Bearings, Inc. ("Respondent"), which owns the facility with U.S. EPA ID No. IND 052 959 640, located at 1515 W. Main Street, in Greensburg, Decatur 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:

Nicholas Bruno, President William Nazarkewich, Registered Agent

KS Bearings, Inc. KS Bearings, Inc.

1515 W. Main Street 1515 W. Main Street

Greensburg, Indiana 47240 Greensburg, Indiana 47240

5. Respondent notified the U.S. EPA of Large Quantity Generator activities on August 18, 1980. Respondent produces bearings, bushings, and washers for automotive, aircraft, and tractor applications.

6. An inspection on May 3, 2001 was conducted at the Site by representatives of IDEMís 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 was not able to produce documentation that waste determinations had been completed on waste refractory brick, used oil, and coolant. Since the time of the inspection, Respondent has submitted the appropriate waste determinations. None of the wastes were improperly disposed.

b. Pursuant to 40 CFR 262.34(a)(2) and (3), 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 and that the containers are marked with the words "Hazardous Waste." Respondent did not mark (or the marking was not visible for inspection) the following containers in the less than ninety (90) day storage area with accumulation start dates or the words "Hazardous Waste":

i. Approximately fifteen (15) 55-gallon drums of various D002 and D008 waste streams;

ii. 100-gallon cloth tote of D008/lead solid; and

iii. One (1) 5-cubic yard roll-off containing waste refractory brick (D008) in the waste storage area.

c. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.35, a generator must maintain adequate aisle space to allow the unobstructed movement of personnel, fire protection, spill control, and decontamination equipment. Respondent failed to provide the required aisle space in the less than ninety (90) day storage area.

 

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d. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.53, a copy of an up-to-date contingency plan must be maintained at the facility and provided to local emergency personnel. Respondent failed to maintain an up-to-date copy of the contingency plan on-site and to provide a copy to local emergency authorities.

e. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.54, a facilityís contingency plan must be amended whenever applicable regulations are revised; the plan fails in an emergency; the facility changes its design, construction, or operation; or the list of emergency coordinators or

emergency equipment changes. Respondent failed to amend the contingency plan to reflect changes in the emergency coordinator position.

f. Pursuant to 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 could not provide inspectors with records indicating completion of the initial and annual review of hazardous waste management training for its employees.

g. 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 closed one (1) 5-cubic yard roll-off containing waste refractory brick (D008) in the waste storage area.

h. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.174, the owner or operator must inspect areas where containers are stored, at least weekly, looking for leaks and for deterioration caused by corrosion and other factors. Respondent failed to conduct adequate inspections in the less than ninety (90) day container storage area due to the insufficient aisle space.

i. Pursuant to 329 IAC 3.1-16-2(4) and 40 CFR 273.13(d)(1) and (2), a small quantity handler of universal waste must manage universal waste in a way that prevents releases of any universal waste or components of universal

waste to the environment. Respondent failed to manage waste lamps in the universal waste storage area in a manner that prevented them from being broken. Respondent also failed to immediately clean up any broken lamps.

j. Pursuant to 40 CFR 273.16, a small quantity handler of universal waste must inform all employees who handle or have responsibility for managing

universal waste. Respondent failed to properly inform employees on the handling and management of universal waste.

k. Pursuant to 329 IAC 13-4-3(c)(1) and (2), containers and aboveground tanks used to store used oil must not be leaking. Respondent stored oil-

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soaked absorbent material in tote bags in the less than ninety (90) day storage area which leaked to the environment.

l. Pursuant to 329 IAC 13-4-3(e), upon detection of a release of used oil, the generator must perform the required clean-up steps. Respondent failed to perform the required cleanup on the used oil leaking from the aforementioned tote bags.

m. Pursuant to IC 13-30-2-1(1), no person shall discharge, emit, cause, allow, or threaten to 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 following contaminants to be deposited on the facility floor or soil:

i. Tin waste contaminants on the floor in the less than ninety (90) day storage building;

ii. Particulate matter on the ground from air pollution collection units west side of the main building and,

iii. Used oil from the aforementioned leaking tote.

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. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(2) and (3). Specifically, Respondent shall ensure that all containers of hazardous waste are clearly and visibly labeled with the words "hazardous waste" and with accumulation start dates.

3. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 265.35. Specifically, Respondent shall maintain aisle space for the movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment in the less than ninety (90) day waste storage areas.

4. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 265.52. Specifically, Respondent shall include in its contingency plan secondary routes of evacuation, location of spill equipment, and a description of the alarm system.

 

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5. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 265.54. Specifically, Respondent shall update its contingency plan with the names of the new emergency coordinators. Respondent shall submit to IDEM the revised pages for review.

6. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 265.53. Specifically, Respondent shall submit amended copies of the contingency plan to local authorities that may be called upon to provide emergency services.

7. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 265.16. Specifically, Respondent shall insure that facility personnel 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. Respondent shall submit documentation that the training has been completed to IDEM for review.

8. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 265.173(a). Specifically, Respondent shall insure that all containers holding hazardous waste remain closed during storage except when necessary to add or remove waste.

9. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 265.174. Specifically, Respondent shall inspect areas where containers are stored, at least weekly, looking for leaks and for deterioration caused by corrosion or other factors.

10. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 273.13(d)(1) and (2). Specifically, Respondent shall insure that broken and waste lamps are placed in structurally sound containers to prevent breakage and contain any leakage. Respondent shall document that all broken lamps have been properly cleaned up.

11. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 273.16. Specifically, Respondent shall inform all employees of proper universal waste handling and emergency procedures.

12. Upon the Effective Date of this Agreed Order, Respondent shall comply with 329 IAC 13-4-3(c). Specifically, Respondent shall only store used oil in containers that are in good condition and not leaking.

13. Upon the Effective Date of this Agreed Order, Respondent shall comply with 329 IAC 13-4-3(e). Specifically, Respondent shall cleanup and manage properly the used oil released from the 100-gallon tote bags of absorbent material stored in the less than ninety (90) day storage area building.

 

 

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14. Upon the Effective Date of this Agreed Order, Respondent shall comply with IC 13-30-2-1(4). Specifically, Respondent shall not allow the deposit of used oil, baghouse dust, or any other contaminant upon the land.

15. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall remove and properly dispose of all contaminated soils at the air pollution collection units on the west side of the main plant building to a depth of six (6) inches below visible signs of contamination. Respondent shall conduct a waste determination and properly dispose of all soils. Respondent shall submit disposal documentation to IDEM for review.

16. All submittals required by this Agreed Order, unless notified otherwise in

writing, shall be sent to:

Richard R. Milton, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 6015

Indianapolis, IN 46206-6015

17. Respondent is assessed a civil penalty of Seventeen Thousand and Eight Hundred Dollars ($17,800). Said penalty amount shall be payable in four (4) equal installments. The first installment of Four Thousand Four Hundred and Fifty Dollars ($4,450) shall be due within thirty (30) days of the Effective Date of this Agreed Order. All subsequent installments of the same amount ($4,450) shall be due within ninety (90) days of the preceding on-time installment until the penalty is paid in full. All checks shall be made payable to the Environmental Management Special Fund.

18. 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:

Violation Penalty

Failure to comply with Order paragraph 7 $500 per week

Failure to comply with Order paragraph 10 $500 per week

Failure to comply with Order paragraph 11 $500 per week

Failure to comply with Order paragraph 15 $500 per week

19. 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 Respondentís violation of this Agreed Order or Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.

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20. 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

21. In the event that the civil penalty required by Order paragraph 17, 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.

22. 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.

23. 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.

24. 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.

25. 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: ________________________

 

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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 _25__ DAY OF _NOVEMBER______________, 2002.

 

For the Commissioner:

 

signed 11/25/2002_______

Felicia A. Robinson

Deputy Commissioner for

Legal Affairs