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. 2003-13370-H
)
SWITZERLAND HILLS, INC. )
d/b/a SWISS CAPS, )
)
Respondent. )
AGREED 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 Switzerland Hills, Inc. d/b/a Swiss Caps ("Respondent"), which operates the facility with U.S. EPA ID No. IN0 000 025 932, located at 2300 Highway 250, in Patriot, Switzerland 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 2003-13370-H
Switzerland Hills, Inc. d/b/a Swiss Caps
ID# IN0 000 025 932
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Mr. Anthony Gregory, President and Registered Agent
Switzerland Hills, Inc. d/b/a Swiss Caps
2300 Highway 250
Patriot, Indiana 47038
5. Respondent notified the U.S. EPA of Small Quantity Generator activities on October 12, 1993. Respondent manufactures truck caps.
6. An inspection on March 13, 2003, 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:
a. Pursuant to 40 CFR 262.11 and 40 CFR 268.7(a), a person who generates a solid waste must determine if that waste is hazardous. Respondent did not make proper hazardous waste determinations on spent fluorescent light bulbs and paint waste still bottoms. At the time of the inspection, Respondent was disposing of its waste fluorescent light bulbs in the regular trash and manifesting its paint waste still bottoms as D001/D035. The still bottoms should have been identified with the F005 waste code
b. Pursuant to 329 IAC 3.1-7-2(2) and 40 CFR 268.7(a)(4), when completing EPA Form 8700-22 (hazardous waste manifest) box I, the generator must enter the four (4) digit EPA hazardous waste number from 329 IAC 3.1-6 which identifies the waste. Respondent failed to list the F005 waste code on EPA Form 8700-22 and the land disposal restriction notification form.
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 hazardous waste storage area located in the Maintenance Building where thirteen (13) 55-gallon drums of still bottoms were stored.
This violation was corrected at the time of the inspection.
e. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.174, a generator must conduct weekly inspections of container storage areas. Due to the lack of aisle space, Respondent could not conduct adequate weekly inspections in the container storage area.
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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
thirteen (13) 55-gallon drums of still bottoms with the words "Hazardous Waste."
This violation was corrected at the time of the inspection.
g. Pursuant to IC 13-30-2-1(4), 326 IAC 4-1-2, and 329 IAC 10-4-2, no person shall deposit or cause or allow the deposit of any contaminants or solid waste upon the land or 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, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the solid waste management board. Respondent open burned and disposed of industrial waste on its property in violation of 326 IAC 4-1-2 and 329 IAC 10-4-2.
This violation has been corrected since the time of the inspection and the area where the solid waste had been disposed has been cleaned up.
h. Pursuant to IC 13-22-4-3.1(b), a person that generates, in any one or more calendar months of a calendar year:
a) more than one hundred (100) kilograms but less than one thousand (1,000) kilograms of hazardous waste;
b) less than one (1) kilogram of acute hazardous waste; or
c) less than one hundred (100) kilograms of material from the cleanup spillage of acute hazardous waste; or
accumulates at least one thousand (1,000) kilograms of hazardous waste or less than one (1) kilogram of acute hazardous waste shall, before March 1 of each year, submit to the department on forms provided by the department, a report that summarizes the person's hazardous waste shipments during the previous calendar year. Respondent did not submit a 2002 annual manifest report pursuant to the requirements of IC 13-22-4- 3.1(b).
Since the time of the inspection, IDEM has received a 2002 annual manifest report from the Respondent.
7. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.
Agreed Order 2003-13370-H
Switzerland Hills, Inc. d/b/a Swiss Caps
ID# IN0 000 025 932
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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. In the future, Respondent shall comply with 40 CFR 262.11, 329 IAC 3.1-7-2(2) and 40 CFR 268.7(a). Specifically, Respondent shall manage its spent fluorescent light bulbs as either a hazardous waste or a universal waste and properly identify its waste paint still bottoms with the waste code F005 on all manifests and land disposal notification forms.
3. In the future, Respondent shall comply with 40 CFR 265.35. Specifically, Respondent shall insure that adequate aisle space is maintained in its hazardous waste storage area for the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment in an emergency.
4. In the future, Respondent shall comply with 40 CFR 265.174. Specifically, Respondent shall conduct weekly inspections of its hazardous waste container storage areas.
5. In the future, Respondent shall comply with 40 CFR 262.34(a)(3). Specifically, Respondent shall insure that all containers of hazardous waste are marked clearly with the words "Hazardous Waste."
6. In the future, Respondent shall comply with IC 13-30-2-1(4), 326 IAC 4-1-2, and 329 IAC 10-4-2. Specifically, Respondent shall cease the deposit and burning of solid waste on its property and shall dispose of its solid waste in a method acceptable to the solid waste management board.
7. In the future, Respondent shall comply with IC 13-22-4-3.1(b). Specifically, Respondent shall submit annual manifest reports pursuant to the requirements of
IC 13-22-4-3.1(b).
8. 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
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9. Respondent is assessed a civil penalty of Seven Thousand Four Hundred Dollars ($7,400). 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.
10. Civil 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
11. In the event that the civil penalty required by Order paragraph 9 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.
12. 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.
13. 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.
14. 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.
15. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.
Agreed Order 2003-13370-H
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ID# IN0 000 025 932
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TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management
By: __signed 2/10/04______________ By: ___signed_______________
Nancy L. Johnston, Chief
Office of Enforcement Printed: __________________
Title: ________________________
Date: __________________________ Date: ____3/12/04______________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: ___signed 3/23/04______________ By: ________________________
Office of Legal Counsel
Date: ___________________________ Date: ________________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _24____ DAY OF ___March________, 2004.
For the Commissioner:
___signed 3/24/04_____________
Felicia A. Robinson
Deputy Commissioner for
Legal Affairs