STATE OF
) SS: OF ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) Case No. 2003-13551-H
)
CARS COLLISION CENTER XVII, )
)
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
3. The
4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:
Donald Mikrut, CEO C T Corporation System
d/b/a
5. Respondent notified the U.S. EPA of
Small 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 a hazardous waste. Respondent had not made a proper hazardous waste determination for the paint filters contaminated with 30% Toluene. Spray booth personnel flush their lines with the 30% Toluene into their paint booth filters. The filters are being disposed of with the general trash.
On June 2004, Respondent submitted to IDEM documentation
indicating that
b. Pursuant to 40 CFR 262.12(c), a generator must not offer its hazardous waste to transporters, or to treatment, storage, or disposal facilities that have not received an EPA idenitification number. Respondent offered hazardous waste paint filters contaminated with 30% Toluene to Able Disposal for disposal. Able Disposal has not obtained an EPA identification number from IDEM to operate as a hazardous waste treatment, storage and disposal facility (TSD). Respondent also offered the hazardous waste to an unauthorized transporter.
c. Pursuant to 40 CFR 262.20, a generator who transports or offers for transportation, hazardous waste for off-site treatment, storage, or disposal, must prepare a manifest. Respondent sent hazardous waste paint filters contaminated with 30% Toluene off-site without a manifest.
d. Pursuant to IC 13-30-2-1(12), a person may not cause or allow the transportation of a hazardous waste without a manifest if a manifest is required by law. Respondent caused or allowed the transportation of hazardous waste paint filters contaminated with 30% Toluene to Able Disposal without a manifest as required by law.
e. Pursuant to 40 CFR 268.7(a)(2) and (3), with the initial shipment of waste to each treatment, storage, or disposal facility, a generator must send a one time written notice to each facility receiving the waste and place a copy in the file. Respondent failed to provide the notice and place a copy in the file.
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. Upon the Effective Date of this Agreed Order, Respondent shall ensure compliance with 40 CFR 262.12(c). Specifically, Respondent shall ensure that all hazardous wastes are offered only to transporters, storage, or disposal facilities that have received an EPA identification number.
3. Upon the Effective Date of this Agreed Order, Respondent shall ensure compliance with 40 CFR 262.20 and IC 13-30-2-1(12). Specifically, Respondent shall ensure that all hazardous waste is shipped off-site to a permitted treatment, storage, or disposal facility with the appropriate manifest.
4. Upon the Effective Date of this Agreed Order, Respondent shall ensure compliance with 40 CFR 268.7(a). Specifically, Respondent shall ensure that with each initial shipment of hazardous waste, it sends a one-time written land disposal restrictions (LDR) notice to each treatment or storage facility receiving the waste and ensure that a copy is placed in the Respondent's file.
5. All submittals required by this Agreed Order, unless notified otherwise in
writing, shall be sent to:
Ms. Idelia Walker-Glover, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
6. Respondent is assessed a civil penalty of Seventeen Thousand Five Hundred Dollars ($17,500). 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.
7. 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 1,000 per day/week
8. 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.
9. 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
10. In the event that the civil penalty required by Order paragraph 7 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.
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:
Signed
___________________________
Felicia A. Robinson
Deputy Commissioner for
Legal Affairs