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. 2002-12595-H
					)
MILLER PLATING & METAL FINISHING, 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, except a proceeding to enforce this 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 Miller Plating & Metal Finishing, Inc. ("Respondent"), which operates the facility with U.S. EPA ID No. IND 006 365 985, located at 3200 North 6^th Avenue, in Evansville, Vanderburgh County, Indiana (the “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 March 13, 2003, IDEM issued a Notice of Violation via Certified Mail to:

R. Glen Miller Jr., President and Registered Agent

Miller Plating & Metal Finishing, Inc.

1551 Allens Lane

Evansville, Indiana 47710

5. Respondent notified the U.S. EPA of Large Quantity Generator activities on September 11, 1997. Respondent conducts a metal finishing and electroplating business.

6. Inspections on November 14 and 18, 2002, were conducted at the Site by representatives 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 262.11, a person who generates a solid waste must determine if that waste is hazardous. Respondent did not make hazardous waste determinations on the following containers of unknown waste:

- Twenty-seven (27) 55-gallon containers and one (1) 275-gallon tote container located in the room south of the wastewater treatment area.

- Four (4) 55-gallon containers located in an outside lot south of the wastewater treatment building.

- Four (4) 55-gallon containers located outside of the chemical warehouse building.

b. Pursuant to 40 CFR 262.34(b), a generator who accumulates hazardous waste for more than 90 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 the following containers of hazardous waste for greater than 90 days without complying with 40 CFR 264 and 40 CFR 270:

- Twenty-four (24) 55-gallon containers, two (2) 275-gallon tote containers, and one (1) 30-gallon container located in the room south of the wastewater treatment area.

- Fifteen (15) 55-gallon containers located in an outside lot south of the wastewater treatment building.

- One (1) 55-gallon container located outside of the chemical warehouse building.

- Two (2) 55-gallon containers located within the chemical warehouse building.

- Three (3) 55-gallon containers located within the wastewater treatment area.

c. Pursuant to 40 CFR 266.70(b)(2), persons who generate, transport, or store recyclable materials that are regulated under Subpart F of part 266 are subject to Subpart B of part 262. Respondent did not use a manifest for shipments of various sludge wastes sent for precious metal recovery.

d. Pursuant to 40 CFR 266.70(c), persons who store recyclable materials that are regulated under Subpart F of part 266 must keep records to document that they are not accumulating these materials speculatively as defined in 40 CFR 261.1(c). Respondent failed to provide records showing the volume of recyclable sludge wastes stored at the beginning of the year, the amount of recyclable sludge waste generated or stored during the calendar year, and the amount of recyclable sludge wastes remaining at the end of the year.

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.

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.

g. 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 clearly mark the following containers of hazardous waste with accumulation start dates:

- Thirty (30) 55-gallon containers, one (1) 300-gallon tote container, and one (1) 275-gallon tote container located in the room south of the wastewater treatment area.

- Nine (9) 55-gallon containers located in an outside lot south of the wastewater treatment building.

- Four (4) 55-gallon containers located outside of the chemical warehouse building.

- One (1) 55-gallon container located within the wastewater treatment area.

h. 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 the following containers of hazardous waste with the words "Hazardous Waste":

- Twenty-one (21) 55-gallon containers and one (1) 275-gallon tote container located in the room south of the wastewater treatment area.

- One (1) 55-gallon container located in an outside lot south of the wastewater treatment building.

i. Pursuant to 40 CFR 273.14 and 329 IAC 3.1-16-2, a small quantity handler of universal waste must ensure that its containers of universal waste are properly labeled. Respondent failed to label one (1) box of waste mercury-containing lamps located in the boiler room with the phrase "Universal Waste-Lamps" or "Waste Lamps" or "Used Lamps" or with other words that accurately identified the universal waste lamps.

j. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.171, if a container holding hazardous waste is not in good condition, or if it begins to leak, the generator must transfer the hazardous waste from this container to a container that is in good condition. Respondent stored the following containers of hazardous waste in poor condition:

- One (1) 275-gallon tote container of chrome waste located in the room south of the wastewater treatment area was leaking.

- Nine (9) 55-gallon containers of hazardous waste located in the room south of the wastewater treatment area were either collapsed or bulging.

- Four (4) 55-gallon containers of hazardous waste located in an outside lot south of the wastewater treatment building were collapsed.

k. 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 the following containers of hazardous waste closed:

- One (1) 55-gallon container located in the room south of the wastewater treatment area.

- Two (2) 55-gallon containers located outside of the chemical warehouse building.

- Two (2) 55-gallon containers within the wastewater treatment area.

l. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.174, a generator must conduct weekly inspections of container storage areas. Respondent failed to conduct adequate weekly inspections of container storage areas as apparent by two (2) leaking 55-gallon containers of nickel strip located in the less than 90-day storage area south of the wastewater treatment building and one (1) 275-gallon tote container of chrome waste in the inside hazardous waste storage area.

m. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.177(c), a container holding hazardous waste that is incompatible with any waste stored nearby in other containers must be separated or protected by means of a dike, berm, wall or other device. Respondent stored containers of cyanide and acid located in the room south of the wastewater treatment area in close proximity without a protective barrier.

n. 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 (6) months after their date of hire and must take part in an annual review of the initial training. Respondent's facility personnel failed to successfully complete hazardous waste management training.

Since the time of the inspection, Respondent has completed hazardous waste management training for its employees and has submitted documentation to IDEM.

o. 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 adequate aisle space to allow unobstructed movement of personnel or equipment in the less than 90-day container storage area located in the room south of the wastewater treatment area.

p. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.37, a generator must attempt to make arrangements with local authorities including the police, local hospitals, fire department, and local and state emergency response teams to familiarize them with the facility. Respondent failed to make arrangements to familiarize the local police department, and local and state emergency response teams, with the facility's current layout, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, and entrances to roads inside the facility and possible evacuation routes.

q. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.52, a facility's contingency plan must include certain information. Respondent's contingency plan did not describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services. The contingency plan did not include a list of all emergency equipment at the facility. The contingency plan did not include an evacuation plan for facility personnel.

r. 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 provide a copy of an up-to-date contingency plan to the local police department, fire department, hospital, and state and local emergency authorities.

s. Pursuant to 40 CFR 262.34(a)(4) referencing 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. Respondent failed to properly manage a tote containing silver strip located on the east side of the wastewater treatment building adjacent to a chain-link fence resulting in a release to soil.

t. 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 two (2) 55-gallon containers of nickel strip to be disposed onto the ground in the less than 90-day container storage area located in an outside lot south of the wastewater treatment building.

u. Pursuant to 327 IAC 2-6.1-7, any person who operates, controls or maintains any mode of transportation or facility from which a spill occurs shall, upon discovery of a reportable spill to the soil or surface waters of the state, contain the spill, if possible, to prevent additional spilled material from entering the waters of the state; undertake or cause activities needed to accomplish a spill response; and as soon as possible, but within two hours of discovery, communicate a spill report to the Department of Environmental Management, Office of Environmental Response. Respondent failed to properly respond to a reportable spill of silver strip which occurred on or about August 14, 2002. The silver strip reportable spill impacted an area of soil five (5) feet wide and fifty (50) feet long and is located on the east side of the wastewater treatment building adjacent to a chain link fence.

v. 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, 329 IAC 10-4-2, and 327 IAC 2-6.1-7. Respondent allowed the release of silver strip from a tote container onto the ground located on the east side of the wastewater treatment building adjacent to a chain-link fence. Respondent allowed the release of nickel strip from two (2) 55-gallon containers onto the ground in an outside lot south of the wastewater treatment building, thus violating IC 13-30-2-1(1).

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. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.11. Specifically, Respondent shall complete hazardous waste determinations on twenty-seven (27) 55-gallon containers and one (1) 275-gallon tote container located in a room south of the wastewater treatment area, four (4) 55-gallon containers located in an outside lot south of the wastewater treatment building, and four (4) 55-gallon containers located outside of the chemical warehouse building. Respondent shall submit documentation to IDEM for review.

3. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall remove and properly dispose of all hazardous waste stored for greater than ninety (90) days. Respondent shall submit copies of manifests documenting the proper disposal of hazardous waste to IDEM.

Respondent has submitted manifests showing disposal of approximately 10,120 gallons of hazardous waste since the issuance of the Notice of Violation.

4. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 270.1(c) and IC 13-30-2-1(10). Specifically, Respondent shall ensure that its facility does not operate as a hazardous waste storage facility without first having obtained a permit.

5. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(b). Specifically, Respondent shall cease storing hazardous waste on-site for longer than ninety (90) days.

6. 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 are marked with accumulation start dates.

7. 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 are labeled with the words "Hazardous Waste."

8. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 273.14 and 329 IAC 3.1-16-2(5). Specifically, Respondent shall ensure waste mercury-containing lamps are labeled with the phrase "Universal Waste-Lamps" or "Waste Lamps" or "Used Lamps" or with other words that accurately identify the universal waste lamps.

9. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.171. Specifically, Respondent shall transfer the chrome waste inside one (1) leaking 275-gallon tote container and waste inside thirteen (13) collapsed or bulging 55-gallon containers to containers that are in good condition.

10. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.173(a). Specifically, Respondent shall ensure all hazardous waste containers are stored closed, except when it is necessary to add or remove waste.

11. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.174. Specifically, Respondent shall ensure adequate weekly inspections are conducted of container storage areas.

12. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.177(c). Specifically, Respondent shall ensure containers holding acid and cyanide located in the room south of the wastewater treatment area are separated or protected by means of a dike, berm, wall or other device.

13. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(4) referencing 40 CFR 265.35. Specifically, Respondent shall ensure adequate aisle space is maintained in the container storage area located in the room south of the wastewater treatment area to allow the unobstructed movement of personnel, fire protection, spill control, and decontamination equipment.

14. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(4) referencing CFR 265.16(a), (b), & (c). Specifically, Respondent shall ensure facility personnel successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in compliance with hazardous waste management rules.

15. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(4) referencing 40 CFR 265.37. Specifically, Respondent shall make arrangements to familiarize the local police department and State and local emergency response teams with the facility's current layout, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, and entrances to roads inside the facility and possible evacuation routes.

16. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(4) referencing 40 CFR 265.52. Specifically, Respondent shall update its contingency plan to include the following information:

- A description of arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services.

- A list of all emergency equipment at the facility.

- A physical description of each item on the emergency equipment list and a brief outline of its capabilities.

- An evacuation plan for facility personnel that includes a description of signal(s) used to begin evacuation, evacuation routes, and alternative evacuation routes.

Since the time of the inspection, Respondent has submitted a copy of the updated contingency plan to IDEM for review.

17. Within forty-five (45) days of the Effective Date of this Agreed Order, Respondent comply with 40 CFR 262.34(a)(4) referencing 40 CFR 265.53. Specifically, Respondent shall provide a copy of an up-to-date contingency plan to the local police department, fire department, hospitals, and State and local emergency response teams. Respondent shall submit documentation showing an up-to-date contingency plan was provided to the local police department, fire department, hospitals, and State and local emergency response teams.

18. Within fifteen (15) days of the Effective Date of this Agreed Order, Respondent shall comply with 327 IAC 2-6.1-7. Specifically, Respondent shall communicate a spill report to the Department of Environment Management, Office of Emergency Response for the reportable spill of silver strip located on the east side of the wastewater treatment building adjacent to a chain link fence which occurred on or about August 14, 2002. Respondent shall submit a copy of the spill report to the Office of Enforcement.

19. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall submit a revised Remediation Proposal to IDEM for review and approval. Respondent shall ensure that the revised Remediation Proposal completely addresses each comment and deficiency set forth in the July 30, 2003 Letter of Inadequacy regarding the Remediation Proposal dated May 29, 2003. A copy of the July 30, 2003 letter is attached as Exhibit 1. The revised Remediation Proposal to be submitted by Respondent shall also include a schedule for the implementation of the revised Remediation Proposal.

20. Within fifteen (15) days of receiving notice from IDEM of approval of the Remediation Proposal, Respondent shall implement it as approved and in accordance with the time frames contained therein.

21. Within thirty (30) days of completion of the remedial action conducted pursuant to the remediation proposal, Respondent shall submit to IDEM certification by an independent registered professional engineer that the remedial action has been completed as outlined in the approved remediation proposal.

22. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall submit a hazardous waste closure plan to IDEM for approval for the outside container storage area south of the wastewater treatment building where hazardous wastes were stored for greater than ninety (90) days and where the nickel strip release occurred. This closure plan shall be completed in accordance with the provisions of 40 CFR 264 Subpart G, as incorporated by 329 IAC 3.1-9-1.

23. Within ten (10) days of notice of IDEM's approval of the closure plan, Respondent shall implement the plan as approved and in accordance with the time frames contained therein.

24. In the event IDEM determines that any plan and/or proposal submitted by Respondent is deficient or otherwise unacceptable, Respondent shall revise and resubmit the plan to IDEM in accordance with IDEM's notice. After three (3) submissions of such plan by Respondent, IDEM may modify and approve any such plan and Respondent must implement the plan as modified by IDEM. The approved plan shall be incorporated into this Agreed Order and shall be deemed an enforceable part thereof.

25. 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

26. Respondent is assessed a civil penalty of Zero Dollars ($0). This penalty reflects a significant reduction based upon evidence submitted by the Respondent which adequately demonstrated an inability to pay.

27. 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 2	$500 per week
Failure to comply with Order paragraph 3	$500 per week
Failure to comply with Order paragraph 15	$500 per week
Failure to comply with Order paragraph 17	$500 per week
Failure to comply with Order paragraph 18	$500 per week
Failure to comply with Order paragraph 19	$500 per week
Failure to comply with Order paragraph 20	$500 per week
Failure to comply with Order paragraph 21	$500 per week
Failure to comply with Order paragraph 22	$500 per week
Failure to comply with Order paragraph 23	$500 per week
Failure to comply with Order paragraph 24	$500 per week

28. 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 Respondent’s violation of this Agreed Order or Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.

29. 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

30. 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.

31. 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.

32. 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.

33. 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	Printed:	______________________________
	Office of Enforcement	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 _______________, 2004.

For the Commissioner:

Signed on 12/17/04

Felicia A. Robinson

Deputy Commissioner for

Legal Affairs