STATE OF
) SS: OF ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) Case No. 2003-13299-H
)
H. A. PARTS PRODUCTS OF
COMPANY, )
)
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
2. Respondent is H. A. Parts Products of
Indiana Company ("Respondent"), which owns and operates the facility
with U.S. EPA ID No.
3. The
4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:
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Mr. Toshi Ohki, President |
CT Corporation System, Registered Agent |
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H. A. Parts Products of Indiana Company |
H. A. Parts Products of Indiana Company |
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5. Respondent notified the U.S. EPA of
Large Quantity Generator activities on
6. An inspection on
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 waste streams:
(1) Various waste aerosol cans including some which contain 65-75% trichloroethylene (TCE).
(2) Waste material remaining in the out-of-service spray booths in the Old Paint Room.
(3) Waste material remaining in two out-of-service gun washers in the Old Paint Mix Room.
(4) Nine (9) 55-gallon containers in the
(5) One (1) 55-gallon container located
outside the south wall of the former
(6) Two (2) 5-gallon containers of
"obsolete paint" located across from the
(7) One (1) 55-gallon container located
outside and across from the
(8) Two (2) 55-gallon green metal containers located outside against the north wall of the building across from the Waste Accumulation Building, east of the overhead door.
(9) One (1) 1-cubic yard cardboard Gaylord box located inside Paint Building 1.
(10) One (1) 55-gallon white poly container located west of Paint Building 1 at the south end of the concrete drive.
(11) "Oil soakers" generated in the Injection Mold Area. At the time of the inspection a worker in the Injection Mold Areas was placing wipes contaminated with TCE in the same container as the used oil absorbents.
(12) Paper wipes and personal protective equipment (PPE) contaminated with various listed solvents such as TCE and methyl ethyl ketone (MEK). The used gloves, paper wipes, and cloth wipes that are not laundered are hazardous and were disposed of as solid waste.
(13) 5-gallon cans and plastic liners containing various listed liquid solvents. The cans and liners are hazardous and were disposed of as solid waste.
b. Pursuant to 40 CFR 262.12(c), a generator must not offer hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number. Respondent sent hazardous waste to a facility that does not have an EPA identification number. Specifically, the following hazardous wastes were disposed of at a municipal solid waste landfill:
(1) Paper wipes and PPE contaminated with various listed solvents such as TCE and MEK.
(2) 5-gallon cans and plastic liners containing various listed liquid solvents.
(3) Hazardous waste aerosol cans containing 65-75% TCE.
c. Pursuant to 40 CFR 262.20 and IC 13-30-2-1(12), a generator who transports or offers for transportation, hazardous waste for off-site treatment, storage, or disposal, must prepare a manifest. Respondent sent the following hazardous wastes off-site without a manifest:
(1) Paper wipes and PPE contaminated with various listed solvents such as TCE and MEK.
(2) 5-gallon cans and plastic liners containing various listed liquid solvents.
(3) Hazardous waste aerosol cans containing 65-75% TCE.
d. Pursuant to 40 CFR 268.7(a), a generator must determine if a hazardous waste is restricted from land disposal and if the waste has to be treated before being land disposed. Respondent did not make a land disposal determination for the following hazardous wastes:
(1) Paper wipes and PPE contaminated with various listed solvents such as TCE and MEK.
(2) 5-gallon cans and plastic liners containing various listed liquid solvents.
(3) Hazardous waste aerosol cans containing 65-75% TCE.
e. 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 label the following hazardous waste containers with accumulation start dates:
(1) Eleven
(11) 55-gallon containers in the
(2) Eleven (11) 55-gallon containers outside and north of Paint Building 1.
(3) Two (2) 1-cubic yard boxes inside Paint Building 1.
(4) Eight (8) 5-gallon sacks of crushed fluorescent lamps in the Maintenance Area.
f. 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 with the words "Hazardous Waste":
(1) Eight
(8) 55-gallon containers in the
(2) One (1) 55-gallon container of crushed fluorescent bulbs located outside Paint Building 1.
(3) Eleven (11) 55-gallon containers outside and north of Paint Building 1.
(4) One (1) 1-cubic yard box inside Paint Building 1.
(5) Eight (8) 5-gallon sacks of crushed fluorescent lamps in the Maintenance Area.
g. Pursuant to 40 CFR 262.34(a)(4)
referencing 40 CFR 265.34, whenever hazardous waste is being handled, all
personnel involved with the operation must have access to an internal alarm or
emergency communication device, either directly or through visual or voice
contact with another employee.
Respondent did not make communication equipment available to
employees. The
h. 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 weekly inspections of the following hazardous waste storage areas:
(1) The
(2) The area outside Paint Building 1.
(3) The area inside Paint Building 1.
(4) The crushed fluorescent lamp area.
i. Pursuant to 40 CFR 262.34(a)(1)(i) and 40 CFR 262.34(c)(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 hazardous waste containers closed:
(1) One (1) 5-gallon sack of crushed fluorescent lamps in the Maintenance Area.
(2) One (1) 30-gallon plastic container in the Old Mix Room containing PPE and wipes contaminated with solvent.
(3) One (1) 55-gallon container in the Old Mix Room with an open funnel.
(4) Multiple 5-gallon containers of PPE and wipes located throughout the plant.
(5) One (1) 30-gallon container of PPE,
wipes, liners, and lids in the
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 hazardous
waste in containers that were not in good condition. One (1) 55-gallon container of thinner waste,
dated
k. 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 the following satellite accumulation containers:
(1) One (1) 30-gallon container in the Old Paint Room.
(2) One (1) 55-gallon container of waste paint and solvent in the Old Mix Room.
(3) Multiple 5-gallon containers of PPE and wipes located throughout the plant.
(4) One (1) 30-gallon container of PPE,
wipes, liners, and lids in the
(5) One (1) 55-gallon container of "oil soakers" in the Injection Mold Area.
l. Pursuant to 40 CFR 262.34(a)(1)(i)
referencing 40 CFR 265.173(b), a container holding hazardous waste must not be
opened, handled, or stored in a manner that may rupture the container or cause
it to leak. Respondent failed to
properly manage hazardous waste containers.
One (1) 55-gallon container of hazardous waste located in the
m. 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 hazardous waste
storage facility without having first obtained a permit from IDEM. One (1) 55-gallon container of crushed
fluorescent lamps were stored on site for
approximately seventeen (17) months. The
container was dated
n. 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 a container of hazardous waste on-site for greater
than 90 days without complying with 40 CFR Part 264 and 40 CFR Part 270. One (1) 55-gallon container of crushed
fluorescent lamps was stored on site for approximately seventeen (17) months. The container was dated
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 the required aisle space in the following hazardous waste accumulation areas:
(1) The
(2) The accumulation area outside Paint Building 1.
p. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.32, all facilities must be
equipped with an internal communications or alarm system; a device such as a
telephone or hand-held two-way radio; and fire control, spill control, and
decontamination equipment. Respondent is
not equipped with fire extinguishers or spill control equipment in the
q. 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 fire
extinguishers and spill control equipment in the
r. 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 include all of the required information. The contingency plan lacks the following information:
(1) Arrangements agreed to by local authorities and emergency response teams.
(2) Office phone numbers for emergency coordinators.
(3) Description and capability of each piece of emergency equipment.
(4) Evacuation routes and alternate evacuation routes.
s. 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 did not provide employees with initial and annual training.
t. 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 the following required information on-site:
(1) The job title for each position at the facility related to hazardous waste management and the name of the employee filling the position.
(2) A written description for each position listed.
(3) A written description of the type and amount of introductory and continuing training provided to each employee in the positions.
(4) Documentation that the training or job experience required has been provided to each employee.
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 sixty (60) days of the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.11. Specifically, Respondent shall make a proper waste determination for each waste listed in Finding 6.a. and submit the results to IDEM for review.
3. Respondent shall comply with 40 CFR 262.12(c). Specifically, Respondent shall not send hazardous waste to a facility that does not have an EPA identification number.
4. Respondent shall comply with 40 CFR 262.20 and IC 13-30-2-1(12). Specifically, Respondent shall prepare a manifest for all hazardous waste sent off-site for treatment, storage, or disposal.
5. Respondent shall comply with 40 CFR 268.7(a). Specifically, Respondent shall make a land disposal determination for all hazardous waste sent off-site for land disposal.
6. Respondent shall comply with 40 CFR 262.34(a)(2). Specifically, Respondent shall clearly mark all hazardous waste accumulation containers with the accumulation start date.
7. Respondent shall comply with 40 CFR 262.34(a)(3). Specifically, Respondent shall label all hazardous waste containers with the words "Hazardous Waste."
8. 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 265.34.
Specifically, Respondent shall equip the
9. Respondent shall comply with 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.174. Specifically, Respondent shall conduct weekly inspections of all hazardous waste container storage areas.
10. Respondent shall comply with 40 CFR 262.43(a)(1)(i) and 40 CFR 262.34(c)(1)(i) referencing 40 CFR 265.173(a). Specifically, Respondent shall ensure that all hazardous waste accumulation containers and satellite hazardous waste accumulation containers are kept closed except when necessary to add or remove waste.
11. Respondent shall comply with 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.171. Specifically, if a container of hazardous waste is not in good condition or begins to leak, Respondent shall transfer the hazardous waste to a container that is in good condition.
12. Respondent shall comply with 40 CFR 262.34(c)(1)(ii). Specifically, Respondent shall ensure that all satellite hazardous waste accumulation containers are labeled with the words "Hazardous Waste" or other words describing the contents.
13. Respondent shall comply with 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.173(b). Specifically, Respondent shall ensure that hazardous waste containers are not opened, handled, or stored in manner that may rupture the containers and cause them to leak.
14. Respondent shall comply with IC 13-30-2-1(10) and 40 CFR 270.1(c). Specifically, Respondent shall not commence or engage in the operation of a hazardous waste storage facility without having first obtained a permit.
15. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall decontaminate the hazardous waste container storage area noted in Findings 6.m. and 6.n., hereinafter referred to as “the pad”, as follows:
a. remove all wastes from the pad and appropriately dispose;
b. mechanically clean the pad by scraping, sweeping, or other method, to remove all physical contamination;
c. inspect the pad for cracks. If cracks are detected, perform Item j. at this point;
d. wash the pad with a high pressure steam cleaner with detergent or appropriate solvent to remove the previously stored waste materials;
e. rinse the pad three (3) times with water;
f. collect the third (final) rinsate separately and analyze two (2) samples to show that the pad’s surface meets the cleanup levels. For inorganic and certain organic parameters, the cleanup levels of the rinsate will be based on the Maximum Contaminant Levels (MCLs) of the National Primary Drinking Water Regulations (40 CFR 141). For the organic parameters without MCLs, the cleanup levels of the rinsate will be based on the analytical methods’ Estimated Quantitation Limits (EQLs), as defined in SW-846. The analytical parameters will be based on wastes previously stored on the pad;
g. the decontamination procedure shall be repeated until the cleanup levels are met;
h. ensure that care is taken to prevent migration of cleaning liquids from the pad area;
i. collect and dispose of all residues and rinsates as hazardous waste unless the residues and rinsates are analyzed and determined to be non-hazardous;
j. sample the soil underlying any cracks found in the inspection to check for contamination. If no contamination is found, seal the cracks and proceed with Items d. through i. above;
k. if contamination is found, submit a hazardous waste closure plan within sixty (60) days to IDEM for approval for the container storage area in accordance with the provisions of 40 CFR 264 Subpart G, as incorporated by 329 IAC 3.1-9-1;
l. upon notice of approval of the closure plan by IDEM, implement the approved plan in accordance with the time frames contained therein.
16. Within fifteen (15) days of completing the decontamination required in Order 15, Respondent shall submit documentation, including sample results, that the decontamination has been completed to IDEM for review. Analytical results submitted to IDEM for review shall include signed chain-of-custody sheets, sampling dates, analysis dates, analytical methods used, MCLs, EQLs and quality control results. The quality assurance/quality control (QA/QC) results shall include initial and continuing calibration results, blank results, matrix duplicates, and matrix spike/matrix spike duplicate results.
17. In the event IDEM determines that any plan 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.
18. Respondent shall comply with 40 CFR
262.34(a)(4) referencing 40 CFR 265.35. Specifically, Respondent shall provide the
required aisle space in the
19. 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 265.32. Specifically, Respondent shall equip:
a. the
b.
20. Respondent shall comply with 40 CFR 262.34(a)(4) referencing 40 CFR 265.33. Specifically, Respondent shall test and maintain all facility fire extinguishers and spill control equipment.
21. Within sixty (60) days of 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 the facility contingency plan to include the following information and submit a copy to IDEM for review:
a. Arrangements agreed to by local authorities and emergency response teams.
b. Office phone numbers for emergency coordinators.
c. Description and capability of each piece of emergency equipment.
d. Evacuation routes and alternate evacuation routes.
22. Within sixty (60) days of 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 provide facility personnel with initial classroom or on-the-job training and provide documentation to IDEM to demonstrate that the training has been provided.
23. Within sixty (60) days of 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 prepare and maintain the following documents for the personnel training program required by Order 22 and provide a copy of the following records to IDEM for review:
a. The job title for each position at the facility related to hazardous waste management and the name of the employee filling the position.
b. A written description for each position listed.
c. A written description of the type and amount of introductory and continuing training provided to each employee in the positions.
d. Documentation that the training or job experience required has been provided to each employee.
24. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Ms. Lori Colpaert, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
25. Respondent is assessed a civil penalty of
Ninety Five Thousand Six Hundred Twenty Five Dollars ($95,625). By
As a Supplemental Environmental
Project, Respondent shall seek ISO 14001 certification for Environmental
Management Systems. Respondent shall
become ISO 14001 certified by an accredited, independent registrar by no later
than
In the event that the Respondent does not complete the SEP by September 1, 2005, the full amount of the civil penalty as stated in this paragraph above, plus interest established by IC 24-4.6-1-101 on the remaining amount, less the portion of the civil penalty Respondent has already paid, will be due within fifteen (15) days from Respondent's receipt of IDEM’s notice to pay. Interest, at the rate established by IC 24-4.6-1-101, shall be calculated on the amount due from the date which is thirty (30) days after the Effective Date of this Agreed Order until the full civil penalty is paid.
26. 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 8 $500 per week
Failure to comply with Order paragraph 15 $500 per week
Failure to comply with Order paragraph 16 $500 per week
Failure to comply with Order paragraph 17 $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
27. 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.
28. 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
29. In the event that the civil penalty
required by Order paragraph 25 is not paid by
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
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 _______________, 2004.
For the Commissioner:
Adopted
___________________________
Felicia A. Robinson
Deputy Commissioner for
Legal Affairs