STATE OF
) SS: OF ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) Case No. 2003-12767-H
)
GK TECHNOLOGIES, INC., )
INDIANA STEEL AND WIRE LLC, and )
DURREL CORPORATION, )
)
Respondents. )
AGREED ORDER
The Complainant and Respondent GK Technologies, Inc., 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
2. The subject of this action is property
located at
3. GK Technologies, Inc./Indiana Steel and Wire LLC most recently notified of Large Quantity Generator activities at the Site in February of 2002.
4. Respondent
5. GK Technologies, Inc. is the signatory of this Agreed Order, and it is Respondent GK Technologies, Inc. that is obligated to this agreement's terms.
6. The
7. As a result of information obtained during an investigation, IDEM made a preliminary determination that violations of 329 IAC 3.1 and Indiana Code IC 13-30 existed and issued a Notice of Violation that set forth the alleged violations.
8. Pursuant to IC 13-30-3-3, on
Mr. Gregory B. Kenny C.T. Corporation System
President Registered Agent
GK Technologies, Inc. GK Technologies, Inc.
Mr. John Beringer C.T. Corporation System
President Registered Agent
8. Inspections on September 16 and 19, 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. Respondents had not made hazardous waste determinations for the following eight wastes:
1. Cubic yard boxes of debris located in the warehouse adjacent to the wastewater treatment area.
2. Three unlabeled drums with the tops cut off in the wastewater treatment storage area.
3. Material piled in the corner of the leach room under the press area.
4. Reddish material piled just outside of and in the anode room.
5. Black material piled just outside the anode room.
6. Liquid material in the pits around the tanks in the electroform building.
7. Material left on the equipment in the electroform building.
8. Fire brick in the lead pans in the oil temper area.
b. 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. Respondents allowed waste to be released to the floor and around equipment in the following areas:
1. The leach room.
2. The anode room.
3. The electroform building.
4. The oil temper room.
5. The galvanizing area.
c. 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. Respondents failed to maintain the facility in a manner to prevent releases to the environment. Waste was released to the floor and around the equipment in the following areas:
1. The leach room.
2. The anode room.
3. The electroform building.
4. The oil temper room.
5. The galvanizing area.
d. 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. Respondents operated as a
hazardous waste storage facility when it stored the following wastes on-site for longer than 90 days:
1. Lead debris in lead pans in the #1 and #4 galvanizing areas.
2. Lead debris in the oil temper area.
3. Acid in a pan in the zinc-aluminum #1galvanizing area.
4. Cubic yard boxes of lead dross in the warehouse.
e. 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. Respondents did not notify the Commissioner of its hazardous waste storage activities, yet stored the following wastes on-site for longer than 90 days:
1. Lead debris in lead pans in the #1 and #4 galvanizing areas.
2. Lead debris in the oil temper area.
3. Acid in a pan in the zinc-aluminum #1 galvanizing area.
4. Cubic yard boxes of lead dross in the warehouse.
f. Pursuant to 40 CFR 262.34(b), a generator cannot accumulate hazardous waste for more than 90 days without obtaining a "treatment, storage, or disposal" ("TSD") permit under 40 CFR Part 270, in accordance with the standards in 40 CFR Part 264. Respondents stored hazardous waste on-site for greater than 90 days without complying with 40 CFR Part 270 and 40 CFR Part 264.
g. Pursuant to 40 CFR 261.4(c), a hazardous waste which is generated in a product or raw material storage tank, or in a manufacturing unit, is not subject to regulation until it exits the unit in which it was generated, or unless the hazardous waste remains in the unit more than 90 days after the unit ceases to be operated for manufacturing, or for storage or transportation of product or raw materials. Respondents allowed the following material to be left in these process units for greater than 90 days and failed to manage the waste as a hazardous waste:
1. Lead debris in lead pans in the #1 and #4 galvanizing areas.
2. Lead debris in the oil temper area, which has not been used since 1997.
3. Acid in a pan in the zinc-aluminum #1 galvanizing area. (Since the inspection, Respondent has notified IDEM that the acid in the pan has been treated at the on-site wastewater treatment plant.)
4. Cubic yard boxes of lead dross in the warehouse.
h. Pursuant to 40 CFR 261.1(b)(8), a material is "accumulated speculatively" if it is accumulated before being recycled. A material is not accumulated speculatively, however, if the person accumulating it can show that the material is potentially recycled; and that - during the calendar year (commencing on January 1) - the amount of material that is recycled, or transferred to a different site for recycling, equals at least 75 percent by weight or volume of the amount of that material accumulated at the beginning of the period. Respondents speculatively accumulated cubic yard boxes of lead dross. The lead dross appeared to have been stored in the warehouse for a long period of time.
i. 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. Respondents stored waste in leaking cubic yard boxes. Sludge and lead contaminated debris were leaking, and an oily substance had leaked out and stained the outside of the boxes.
j. Pursuant to 329 IAC
k. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.52(f), a facility's contingency plan must include certain information such as an evacuation plan. Respondents' contingency plan did not include the required evacuation plan.
l. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.54, a facility's 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. Respondents failed to amend the contingency plan to reflect changes in operations at the plant.
9. In recognition of the settlement reached, Respondent GK Technologies, Inc. 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 GK Technologies, Inc. This Agreed Order shall have no force or effect until the Effective Date.
2. Within thirty (30) days of the Effective Date of the Order, Respondent GK Technologies, Inc. shall make proper hazardous waste determinations pursuant to 40 CFR 262.11 for the following wastes:
a. Cubic yard boxes of debris located in the warehouse adjacent to the wastewater treatment area.
b. Three unlabeled drums with the tops cut off, located in the wastewater treatment storage area.
c. Material piled in the corner of the leach room under the press area.
d. Reddish material piled just outside of and in the anode room.
e. Black material piled just outside the anode room.
f. Liquid material in the pits around the tanks in the electroform building.
g. Material left on the equipment in the electroform building.
h. Fire brick in the lead pans in the oil temper room.
3. Within ninety (90) days of the Effective Date of this Agreed Order, Respondent GK Technologies, Inc. shall dispose or send off-site for proper reclamation, the waste listed in paragraph 2 above, in accordance with the results of the waste determinations.
4. Within thirty (30) days of completing the work required by paragraphs 2 and 3 above, Respondent GK Technologies, Inc. shall provide IDEM with the results of the hazardous waste determinations, and with documentation that all wastes have been properly disposed.
5. Within one-hundred and eighty (180) days of the Effective Date of this Agreed Order, Respondent GK Technologies, Inc. shall comply with IC 13-30-2-1(1) and 40 CFR 262.34(a)(4) referencing 40 CFR 265.31, by cleaning up all visible signs of contamination in the following areas:
a. The leach room.
b. The anode room.
c. The electroform building.
d. The oil temper room.
e. The galvanizing area.
6. Within thirty (30) days of completing the work required by paragraph 5 above, Respondent GK Technologies, Inc. shall submit documentation to IDEM that the areas referenced have been cleaned up.
7. Within ninety (90) days of the Effective Date of this Agreed Order, Respondent GK Technologies, Inc. shall send the following waste off-site to an appropriate treatment, storage, disposal, or reclamation facility:
a. Lead debris in lead pans in the #1 and #4 galvanizing lines.
b. Lead debris in the oil temper area.
c. The cubic yard boxes of lead dross located in the warehouse.
8. Within thirty (30) days of completing the work required by paragraph 7 above, Respondent GK Technologies, Inc. shall submit documentation to IDEM that the following waste has been sent to an appropriate treatment, storage, disposal, or reclamation facility.
a. Lead debris in lead pans in the #1 and #4 galvanizing lines.
b. Lead debris in the oil temper area.
c. The cubic yard boxes of lead dross located in the warehouse.
9. Upon the Effective Date of this Agreed Order, Respondent GK Technologies, Inc. shall comply with 40 CFR 261.4(c). Specifically, Respondent GK Technologies, Inc. shall ensure that hazardous waste does not remain in process units for longer than 90 days after a unit ceases to operate without managing the waste as a hazardous waste.
10. Within sixty (60) days of the Effective Date of this Agreed Order, Respondent GK Technologies, Inc. shall submit a closure plan to IDEM for approval. The 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. Potential soil and groundwater contamination are being addressed via a 1999 Federal Order (Consent Decree Cause No. IP 90-2122-C-D/G) and through the Site's participation in IDEM's Voluntary Remediation Program. Because soil and groundwater sampling are required elements of the above Consent Decree, they will not be a requirement within the closure plan. The closure plan must provide for closure for the following areas:
a. The galvanizing area where lead debris was left in lead pans #1 and #4.
b. The area where lead debris is in the oil temper room.
c. The area where the pan of acid was located in the zinc-aluminum #1 galvanizing area.
d. The area in the warehouse where the cubic yard boxes of lead dross are stored.
11. Within ten (10) days of notice of IDEM's approval of the closure plan, Respondent GK Technologies, Inc. shall implement the plan as approved and in accordance with the time frames contained therein.
12. In the event IDEM determines that any plan submitted by Respondent GK Technologies, Inc. is deficient or otherwise unacceptable, Respondent GK Technologies, Inc. shall revise and resubmit the plan to IDEM in accordance with IDEM's notice. After three (3) submissions of such plan by Respondent GK Technologies, Inc., IDEM may modify and approve any such plan and Respondent GK Technologies, Inc. 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.
13. Upon the Effective Date of this Agreed Order, Respondent GK Technologies, Inc. shall comply with 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.171. Specifically, Respondent GK Technologies Inc. shall transfer the waste in the leaking cubic yard boxes into containers that are in good condition.
14. Within thirty (30) days of the Effective
Date of this Agreed Order, Respondent GK Technologies, Inc. shall comply with
329 IAC
15. All submittals required by this Agreed Order, unless notified otherwise in
writing, shall be sent to:
Aubrey N. Sherif
Senior Environmental Manager
Office of Enforcement
Indiana Department of Environmental Management
16. Respondent GK Technologies, Inc. is assessed a civil penalty of Three Thousand Dollars ($3,000). 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.
17. In the event the terms and conditions of the following paragraphs are violated, the Complainant may assess and the Respondent GK Technologies, Inc. shall pay a stipulated penalty in the following amount:
Violation Penalty
Failure to comply with Order paragraph 4 $500 per week
Failure to comply with Order paragraph 6 $500 per week
Failure to comply with Order paragraph 8 $500 per week
Failure to comply with Order paragraph 10 $500 per week
Failure to comply with Order paragraph 11 $100 per week
Failure to comply with Order paragraph 12 $500 per week
18. Stipulated penalties shall be due and payable within thirty (30) days after Respondent GK Technologies, Inc. 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 GK Technologies, Inc. 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 GK Technologies, Inc.'s, violation of this Agreed Order or Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.
19. 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
20. In the event that the civil penalty required by Order paragraph 16 is not paid within thirty (30) days of the Effective Date of this Agreed Order, Respondent GK Technologies, Inc. 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.
21. This Agreed Order shall apply to and be binding upon the Respondent GK Technologies, Inc., its successors and assigns. The Respondent GK Technologies, Inc.'s signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the party he/she represents. No change in ownership, corporate, or partnership status of the Respondent GK Technologies, Inc. shall in any way alter its status or responsibilities under this Agreed Order.
22. 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.
23. The Respondent GK Technologies, Inc. shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. Respondent GK Technologies, Inc. shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.
24. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent GK Technologies, Inc.
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
Printed: ________________________
Date: ___________________________ Title: ________________________
Date: ________________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF _______________, 2004.
For the Commissioner:
Signed
Felicia A. Robinson
Deputy Commissioner for
Legal Affairs