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. 2004-13881-H
					)
CHURCH BROTHERS COLLISION REPAIR, LLC,					) )
					)
	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. 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 Church Brothers Collision, LLC ("Respondent"), which operates the facility with U.S. EPA ID No. INR000012062, located at 55 Vista Pkwy., in Avon, Hendricks 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, on October 12, 2004, IDEM issued a Notice of Violation via Certified Mail to:

Mr. Ted McClintic, President Church Brothers Collision Repair, LLC 7626 E. 88^th Place Indianapolis, IN 46256

Mr. Daniel W. Hall, Registered Agent for: Church Brothers Collision Repair, LLC 636 E. North St. Indianapolis, IN 46204

5. Respondent notified the U.S. EPA of Small Quantity Generator activities on November 5, 1997. Respondent is an auto collision repair facility.

6. Inspections on November 14, 2003 and November 21, 2003 were 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 the inspection:

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 a proper hazardous waste determination on the still bottoms from the solvent recovery unit, which is a solid waste generated by Respondent.

Respondent presented information to IDEM at a November 18, 2004 settlement conference stating that the wastestream had been tested and that it was not characteristic for ignitability. However, the still bottoms wastestream is a listed hazardous waste (F005), since the solvent used was a listed hazardous waste. F005 wastes are listed for both ignitibility and toxicity.

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 identification number. Respondent sent its hazardous waste to a treatment facility that did not have an EPA identification number.

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 offered for transportation hazardous waste off-site without preparing 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 a hazardous waste without a manifest as required by law.

e. Pursuant to 40 CFR 268.7(a)(2), if a generator determines that a waste does not meet treatment standards, the generator must submit to the treatment, storage, or disposal facility a one-time notice and certification. Respondent failed to provide a one-time notice and certification.

f. Pursuant to 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 180 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 a container with the accumulation start date.

g. Pursuant to 40 CFR 262.34(c)(1), 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 generator complies with 40 CFR 265.171, 40 CFR 265.172, and 40 CFR 265.173(a); and the containers are marked with either the words "Hazardous Waste" or with other words describing the contents. Respondent accumulated hazardous waste in three (3) satellite accumulation containers that were stored open and not marked with either the words “Hazardous Waste” or with other words describing the contents.

h. Pursuant to 40 CFR 262.40(a), a generator must keep a copy of each manifest for at least three years from the date the waste was accepted by the initial transporter. Respondent did not maintain all of the required copies on-site.

i. Pursuant to 329 IAC 13-4-3(d), generators must label all used oil containers and aboveground tanks with the words “Used Oil.” Respondent did not label a used oil container with the words “Used Oil.”

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 comply with 40 CFR 262.11. Specifically, Respondent shall make a proper hazardous waste determination on the still bottoms from the solvent recovery unit.

3. Within forty-five (45) days of the Effective Date of this Agreed Order, Respondent shall submit to IDEM the results of the hazardous waste determination.

4. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.12(c). Specifically, Respondent shall ensure that hazardous waste is not sent to a treatment facility that does not have an EPA identification number.

5. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.20 and IC 13-30-2-1(12). Specifically, Respondent shall ensure that hazardous waste is not shipped off-site without a manifest.

6. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 268.7(a)(2). Specifically, Respondent shall ensure that a one-time notice and certification is submitted to the treatment, storage, or disposal facility with each initial shipment of hazardous waste that is determined to not meet treatment standards.

7. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(2). Specifically, Respondent shall ensure that all containers of hazardous waste are labeled with the accumulation start date.

8. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(c)(1). Specifically, Respondent shall ensure that all satellite accumulation containers are marked with either the words “Hazardous Waste” or with other words describing the contents and that the containers are stored closed.

9. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.40. Specifically, Respondent shall ensure that a copy of each manifest of hazardous waste shipped be filed on site for at least three years from the date the waste was accepted by the initial transporter.

10. Upon the Effective Date of this Agreed Order, Respondent shall comply with 329 IAC 13-4-3(d). Specifically, Respondent shall ensure that all containers of used oil are properly labeled with the words “Used Oil.”

11. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

Deirdre Wyatt, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015

12. Respondent is assessed a civil penalty of Six Thousand Four Hundred Dollars ($6,400). 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.

13. 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 3	$500 per week

14. 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.

15. 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
100 N. Senate Avenue
Indianapolis, IN 46207-7060

16. In the event that the civil penalty required by Order paragraph 12 is not paid according to the timeframes 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.

17. 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.

18. 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.

19. 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.

20. 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		Printed:
	Office of Enforcement		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		, 200	.
			For The Commissioner:
			Signed on April 14, 2005
			Matthew T. Klein
			Assistant Commissioner
			for Compliance and Enforcement