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STATE OF |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. SUPREME
CORPORATION D/B/A Respondent. |
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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 Supreme Corporation d/b/a Tower
Structural Laminating, Inc. ("Respondent"), which owns and operates
the facility with U.S. EPA ID No. INR 000 005 801, located at
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
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Mr. Omer G. Kropf,
President |
CT Corporation System, Registered Agent |
5.
Respondent notified the U.S. EPA of Large
Quantity Generator activities on
6.
An inspection on
a.
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 three (3) hazardous waste containers on-site in a trailer for greater
than 90 days without complying with 40 CFR Part 264 and 40 CFR Part 270. According to the Drum Inventory Log:
(1)
Drum #271 was placed unto storage on
(2)
Drum #272 was placed into storage on
(3)
Drum #273 was placed into storage on
b.
Pursuant to 40 CFR 270.1(c), RCRA requires a
permit for the treatment, storage and disposal of any hazardous waste as
identified or listed in 40 CFR Part 261.
Respondent stored three (3) hazardous waste containers without a permit.
c.
Pursuant to IC 13-30-2-1(10), a person may not
commence or engage in the operation of a hazardous waste facility without
having first obtained a permit from the department. Respondent operated a hazardous waste
facility without having first obtained a permit from the department.
d.
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 hazardous waste storage activities.
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 one (1) 55-gallon container of hazardous waste
acetone in the waste storage trailer with the accumulation start date.
f.
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 hazardous waste satellite accumulation containers with the words
"Hazardous Waste" or other words describing the contents.
(1)
Two (2) 21/2-gallon
containers of waste acetone located in the gelcoat
area.
(2)
One (1) 55-gallon container of waste acetone
located in the Tank Room.
g.
Pursuant to 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 one (1) 21/2-gallon satellite hazardous waste
accumulation container closed.
h.
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
facility personnel with initial or annual training.
On
i.
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 hazardous waste acetone to minimize a release to the
environment. Respondent allowed several
releases of hazardous waste acetone inside and on the ground outside the
hazardous waste storage trailer located on the west side of the property.
j.
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.
Respondent allowed a discharge of hazardous waste acetone inside and on
the ground outside the hazardous waste storage trailer located on the west side
of the property in violation of 40 CFR 265.31.
k.
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 spill control equipment for the hazardous waste storage trailer.
l.
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 the following required information:
(1)
work addresses and phone numbers for the primary
emergency coordinator and alternate emergency coordinator;
(2)
evacuation plan and
evacuation routes.
On
m.
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 hazardous waste
storage trailer.
n.
Pursuant to 40 CFR 268.7(a)(5), if a generator
is treating prohibited waste in tanks, containers, or containment buildings,
the generator must develop and follow a written waste analysis plan which
describes how the generator will comply with the treatment standards. Respondent did not prepare and follow a
written waste analysis plan for the on-site treatment of hazardous waste gelcoat.
On
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 decontaminate the hazardous waste container
storage trailer noted in Finding 6.a., 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.
wash the pad with a high pressure steam cleaner
with detergent or appropriate solvent to remove the previously stored waste
materials;
d.
rinse the pad three (3) times with water;
e.
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;
f.
the decontamination procedure shall be repeated
until the cleanup levels are met;
g.
ensure that care is taken to prevent migration
of cleaning liquids from the pad area;
h.
collect and dispose of
all residues and rinsates as hazardous waste unless
the residues and rinsates are analyzed and determined
to be non-hazardous.
3.
Within fifteen (15) days of completing the
decontamination required in Order 2, 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.
4.
Respondent shall comply with 40 CFR 270.1(c) and
IC 13-30-2-1(10). Specifically,
Respondent shall not operate a hazardous waste storage facility without a
permit.
5.
Respondent shall comply with 40 CFR 262.34(a)(2). Specifically,
Respondent shall label all hazardous waste containers with the accumulation
start date.
6.
Respondent shall comply with 40 CFR 262.34(c)(1)(ii).
Specifically, Respondent shall properly label all satellite hazardous
waste accumulation containers with the words “Hazardous Waste” or with other
words describing the contents.
7.
Respondent shall comply with 40 CFR 262.34(c)(1)(i) referencing 40 CFR
265.173(a). Specifically, Respondent
shall keep all hazardous waste storage containers closed except when necessary
to add or remove waste.
8.
Within thirty (30) days of the Effective Date of
this Agreed Order, Respondent shall submit to IDEM a site assessment plan. The purpose of the site assessment plan shall
be to conduct sampling and analysis in order to assess potential soil and
ground water contamination from the area of concern which includes the areas
described in Findings of Fact No. 6.i. and 6.j. and, if necessary, the nature
and extent of contamination. The site
assessment plan shall be based upon the principles outlined within IDEM’s Risk Integrated System of Closure (RISC) Technical
Resource Guidance Document (“TRGD”), dated February 15, 2001, which can be
accessed at: http://www.IN.gov/idem/land/risc. In addition, the site assessment plan shall:
a.
Describe and evaluate all areas of potential
contamination in and around each area of concern.
b.
Specify the method of determining the number and
location of samples to be taken to yield a representative assessment of each
area of concern. This method shall be:
1.
random sampling, pursuant to Section 3.4 of
Chapter 3 of the TRGD; or
2.
directed sampling, pursuant to Section 3.4 of
Chapter 3 of the TRGD; and
3.
developed to provide locations and methods of
any ground water samples pursuant to Section 3.4 of Chapter 3 of the TRGD.
c.
Specify how the soil samples will be obtained
and handled in order to minimize loss of volatile constituents. Respondent may composite samples of
non-volatiles (i.e., metals and semi-volatiles), but shall not composite
samples of volatiles, pursuant to Section 3.4 of Chapter 3 of the TRGD.
d.
Specify how the ground water samples will be
obtained and describe the sampling procedures.
e.
Clearly define all sampling and analytical
protocols designed to identify hazardous waste or its constituents, pursuant to
40 CFR Part 261, including 40 CFR Part 261 Appendices I, II, III, and
VIII. The site assessment plan shall
include the method of sample collection, pursuant to “Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication
SW-846. This includes, but is not
limited to, sample collection containers, preservatives, and holding
times. Specify the analytical methods to
be used and the method’s Estimated Quantitation
Limits (EQLs).
f.
Specify that chain-of-custody of the samples
shall be maintained and Quality Assurance and Quality Control (“QA/QC”)
procedures shall be followed, pursuant to Appendix 2 of the TRGD.
g.
Include within the site assessment plan a
supplemental contingent plan for determining the nature and extent of:
1.
soil contamination, as specified in Chapter 4 of
the TRGD, in the event that sampling and analysis indicates soil contamination
to exist above default residential levels as specified in Table A, Appendix I,
of the TRGD; and
2.
ground water
contamination in the event that sampling and analysis indicates hazardous waste
or its constituents are detected in the ground water as specified in Chapter 4
of the TRGD.
h.
Include within the site assessment plan time
frames for its implementation.
i.
Be approved by IDEM prior to its implementation.
9.
Within fifteen (15) days of receiving notice
from IDEM of approval of the site assessment plan, Respondent shall implement
it as approved and in accordance with the time frames contained therein.
10.
Within fifteen (15) days of obtaining the
analytical results, Respondent shall submit said results, including
chain-of-custody information, and QA/QC records, pursuant to Appendix 2 of the
TRGD, to IDEM.
11.
If soil or ground water contamination is
identified, Respondent shall submit within sixty (60) days subsequent to the
completion of the analyses, a remediation workplan to
IDEM for the purpose of remediating all soil and/or
ground water contamination. The
remediation workplan shall:
a.
In accordance with Chapter 6 of the TRGD,
remediate each contaminated area to closure.
Closure levels shall be one of the following:
1.
default residential levels, pursuant to Table A,
Appendix I, in the TRGD; or
2.
commercial/industrial default values
(if appropriate to the facility), pursuant to Table A, Appendix I, in the
TRGD. Ground water shall meet
residential default values at the property boundary or control; or
3.
closure levels for soil
can also be established using the non-default procedures presented in Chapter
7 of the RISC Technical Guide. The
alternate cleanup level proposal must document that the constituents left in
soil will not adversely impact any other environmental medium (ground water,
surface water, or atmosphere) and that direct contact through dermal exposure,
inhalation, or ingestion will not result in threats to human health or the
environment; or
4.
background levels for
metals, pursuant to Section 1.6 of Chapter 1 of the TRGD, and/or the analytical
method’s estimated quantitation limits (“EQLs”) for organics.
b.
Include a soil and/or a ground water sampling
and analysis plan to be performed after the cleanup has been performed which
verifies that all contamination has been removed.
c.
Include within the remediation workplan time frames for its implementation.
12.
Within fifteen (15) days of approval by IDEM of
the remediation workplan, Respondent shall implement
the plan as approved and in accordance with the time frames contained therein.
13.
Within thirty (30) days of completion of the
remedial action conducted pursuant to the remediation workplan,
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 workplan.
14.
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.
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 265.32. Specifically, Respondent shall equip the
hazardous waste storage area with spill control equipment.
16.
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.
17.
All submittals required by this Agreed Order,
unless notified otherwise in writing, shall be sent to:
Ms. Lori Colpaert, Enforcement Case Manager
Indiana Department of Environmental Management
Office of Enforcement Mail Code
100 N. Senate Avenue
18.
Respondent is assessed a civil penalty of Thirty
Nine Thousand Dollars ($39,000). 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.
19.
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:
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Violation |
Penalty |
20.
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.
21.
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:
Indiana Department of Environmental Management
Cashier’s Office Mail Code 50-10C
22.
In the event that the civil penalty required by
Order paragraph 18 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.
23.
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.
24.
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.
25.
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.
26.
This Agreed Order shall remain in effect until
IDEM issues a Resolution of Case letter to Respondent.
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TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental Management |
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By: |
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Nancy L. Johnston, Chief |
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Office of Enforcement |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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Department of Environmental Management |
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By: |
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By: |
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Office of Legal Counsel |
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Date: |
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Date: |
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APPROVED AND ADOPTED BY THE INDIANA
DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
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For The Commissioner: |
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Signed on |
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Matthew T. Klein |
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Assistant Commissioner for |
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Compliance and Enforcement |
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