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. 2002-12453-H

)

PETERS-REVINGTON CORPORATION, )

)

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 Peters-Revington Corporation ("Respondent"), which operates the facility with U.S. EPA ID No. IND 005 080 288, located at 1100 North Washington Street, in Delphi, Carroll 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:

 

Agreed Order 2002-12453-H

Peters-Revington Corporation

Page 2

William Massengill, President Frank T. Kane, Registered Agent

Peters-Revington Corporation Peters-Revington Corporation

1100 North Washington Street 1100 North Washington Street

Delphi, Indiana 46923 Delphi, Indiana 46923

5. Respondent notified the U.S. EPA of Large Quantity Generator activities on January 9, 1997. Respondent manufactures occasional furniture such as coffee tables, entertainment centers, and curio cabinets. Manufacturing processes include staining, sanding, sealing, assembly and packaging.

6. An inspection on September 4, 2002 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:
    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 an adequate waste determination on stain booth filters, NGR booth filters, sealer booth filters, and lacquer booth filters.

      2. On February 4, 2003, IDEM received TCLP test results dated January 13, 2003, showing individual waste determinations on stain booth filters, NGR filters, sealer booth filters, and lacquer booth filter are non-hazardous. IDEM has reviewed this information and determined it to be adequate.

    2. Pursuant to 40 CFR 262.34(a)(2), 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. Respondent did not mark three (3) 55-gallon drums of hazardous waste (F005, F003, D001, and D035) in the less than 90-day accumulation area of the Q-Hut building and one (1) 55-gallon drum of hazardous waste (D001) outside of the maintenance building with accumulation start dates.

      3. On November 6, 2002, IDEM received a letter from the Respondent stating this violation was corrected later that same day. The correction of this violation is subject to field verification.

    3. Pursuant to 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that containers are marked with the words "Hazardous Waste." Respondent did not label three (3) 55-gallon drums of hazardous waste (F005, F003, D001 and D035) in the less than 90-day accumulation area of the Q-Hut building and one (1) 55-gallon drum of hazardous waste (D001) outside of the maintenance building with the words "Hazardous Waste."

      4.  

       

      Agreed Order 2002-12453-H

      Peters-Revington Corporation

      Page 3

      On November 6, 2002, IDEM received a letter from the Respondent stating this violation was corrected later that same day. The correction of this violation is subject to field verification.

    4. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.33, all facility communications or alarm systems, fire protection, spill control, and decontamination equipment must be tested and maintained to assure its proper operation in time of emergency. Respondent did not test and maintain the radio system in the less than 90-day accumulation area inside the Q-Hut building.

      5. On November 6, 2002, IDEM received a letter from the Respondent stating this violation was corrected later that same day by replacing the old radio with a new radio. The correction of this violation is subject to field verification.

    5. 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 initial training. Respondent failed to provide employees involved in hazardous waste management activities with annual training.

      6. On November 6, 2002, IDEM received documentation showing employees involved in hazardous waste management activities completed a program of classroom instruction on September 18, 2002.

    6. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(d)(1-4), certain hazardous waste training related documents and records must be maintained on-site. Respondent did not maintain a written description of the type and amount of both introductory and continuing training that is provided to employees involved in hazardous waste management activities.

      7. On November 6, 2002, IDEM received a written description of the type and amount of introductory and continuing training that was provided to employees involved in hazardous waste management activities on September 18, 2002.

    7. Pursuant to 329 IAC 13-4-3(d), generators must label all containers and aboveground tanks with the words "Used Oil." Respondent did not label nine (9) 55-gallon containers of used oil located outside of the maintenance building with the words "Used Oil."

      8.  

      Agreed Order 2002-12453-H

      Peters-Revington Corporation

      Page 4

      On November 6, 2002, IDEM received a letter from the Respondent stating this violation was corrected later that same day. The correction of this violation is subject to field verification.
    8. Pursuant to 329 IAC 13-4-3(e), upon detection of a release of used oil to the environment, a generator must perform the following clean-up steps: 1) Stop the release; 2) Contain the released used oil; 3) Clean up and manage properly the released used oil and other materials; 4) Communicate a spill report in accordance with 327 IAC 2-6.1; and 5) If necessary to prevent future releases, repair or replace any leaking used oil storage containers or tanks prior to returning them to service. Respondent did not stop, contain, and clean up and manage properly the released used oil located on the ground in the used oil storage area outside of the maintenance building.

On November 6, 2002, IDEM received photographs and documentation showing the removal and disposal of used oil contaminated soil in the used oil storage area outside of the maintenance building. The correction of this violation is subject to field verification.

i. Pursuant to 329 IAC 10-4-2, no person shall cause or allow the storage, containment, processing, or disposal of solid waste in a manner which creates a threat to human health or the environment, including the creating of a fire hazard, vector attraction, air or water pollution, or other contamination. Respondent allowed the diesel fuel from an aboveground tank to be disposed of onto the ground outside of the Q-Hut building.

On November 6, 2002, IDEM received photographs and documentation showing the removal and disposal of diesel fuel contaminated soil outside of the Q-Hut building. The correction of this violation is subject to field verification.

j. 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 329 IAC 13-4-3(e). Respondent allowed the release of used oil onto the ground in the used oil storage area outside of the maintenance building. Respondent allowed the release of diesel fuel from an aboveground tank onto the ground outside of the Q-Hut building.

On November 6, 2002, IDEM received photographs and documentation showing the removal and disposal of used oil contaminated soil in the used oil storage area outside of the maintenance building and diesel fuel contaminated soil outside of the Q-Hut building. The correction of this violation is subject to field verification.

 

Agreed Order 2002-12453-H

Peters-Revington Corporation

Page 5

 

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.
    1. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(2). Specifically, Respondent shall ensure hazardous waste containers in the less than 90-day accumulation area are marked with accumulation start dates.
    2. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(3). Specifically, Respondent shall ensure hazardous waste containers in the less than 90-day accumulation area are labeled with the words "Hazardous Waste."
    3. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(4) referencing 40 CFR 265.33. Specifically, Respondent shall ensure the communication or alarm system is tested and maintained to assure its proper operation in time of emergency.
    4. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(a), (b), & (c). Specifically, Respondent shall train employees involved in hazardous waste management activities within six months after date of hire and conduct annual reviews of the initial training.
    5. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(d)(1-4). Specifically, Respondent shall maintain hazardous waste training related documents and records on-site.

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

writing, shall be sent to:

 

 

 

 

 

 

 

 

Agreed Order 2002-12453-H

Peters-Revington Corporation

Page 6

Jennifer Reno, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 6015

Indianapolis, IN 46206-6015

8. Respondent is assessed a civil penalty of Fifteen Thousand Three Hundred Seventy-Five Dollars ($15,375). 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.

9. The civil penalty is 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

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

11. 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.

12. 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.

13. 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.

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

 

Agreed Order 2002-12453-H

Peters-Revington Corporation

Page 7

 

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:

 

_Signed on 4/30/03____

Felicia A. Robinson

Deputy Commissioner for

Legal Affairs