STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
County OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2004-14045-H S
					)
FORT WAYNE FLEET EQUIPMENT					)
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. 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 Fort Wayne Fleet Equipment Company ("Respondent"), which operates the facility with U.S. EPA ID No. IND 982 211 013, located at 13710 Lower Huntington Road, in Roanoke, Huntington County, Indiana (“Site”).

3. The Indiana Department of Environmental Management (“IDEM”) has jurisdiction over the parties and the subject matter of this action.

4. On Pursuant to IC 13-30-3-3, on November 3, 2004, IDEM issued a Notice of Violation via Certified Mail to:

James E. Dondlinger, President	C.T. Corporation System, Registered Agent
Fort Wayne Fleet Equipment Company	Fort Wayne Fleet Equipment Company
1200 N. Ellis Street	36 S. Pennsylvania Street, Suite 700
Bensenville, Illinois 60106	Indianapolis, Indiana 46204

5. Respondent notified the U.S. EPA of Small Quantity Generator activities on March 22, 1987. Respondent adds various types of equipment to trucks.

6. An inspection on March 18, 2004, 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, a person who generates a solid waste must determine if that waste is hazardous. Respondent had not made a proper hazardous waste determination for the solvent contaminated wipes (F003, F005, D001), which were solid waste generated by the Respondent. Wipes are being sent to National Servall located in Fort Wayne, Indiana.

Respondent submitted to IDEM documentation indicating that the hazardous waste wipes, are being sent to Heritage-Crystal Clean LLC.

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 offered hazardous waste solvent contaminated wipes (F003, F005, D001) to National Servall located Fort Wayne, Indiana for disposal. National Servall 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.

Respondent submitted to IDEM documentation indicating that the hazardous waste wipes, are now being sent to Heritage-Crystal Clean LLC.

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.

Respondent submitted to IDEM documentation indicating that the hazardous waste has been manifested off-site.

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 solvent contaminated wipes (F003, F005, D001) to National Servall without a manifest as required by law.

Respondent submitted to IDEM documentation indicating that the hazardous waste has been sent off-site with a manifest.

e. 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 determine if the hazardous waste solvent contaminated wipes (FOO3, FOO5, DOO1) were restricted from land disposal or needed to be treated before being land disposed.

Respondent submitted to IDEM documentation indicating that the hazardous waste that is restricted for land disposal or needs to be treated before being land disposed was being managed properly.

f. Pursuant to 40 CFR 262.34(c)(l)(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 label the satellite accumulation container storing paint related waste (F003, F005, D001) located in the paint mix room with the words “Hazardous Waste” or with other words describing the contents.

At the time of the inspection, the Respondent labeled the satellite accumulation container.

g. Pursuant to 329 IAC 13-4-3(d), generators must label all used oil containers and above ground tanks with the words “Used Oil.” Respondent did not label seven (7) 55-gallon drums and three (3) 35-gallon drums used to store used oil located in the less than 180 day storage area.

Respondent submitted to IDEM documentation indicating that the hazardous waste was properly labeled.

h. Pursuant to IC 13-30-2-1(4), no person shall deposit or cause or allow the deposit of any contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the solid waste management board. Respondent allowed used oil to spill onto the ground at the storage area, northwest of the building.

Respondent submitted to IDEM documentation indicating that the used oil spill has been cleaned up.

i. Pursuant to 329 IAC 13-4-3(e), upon detection of a release of used oil to the environment not subject to the requirements of 40 CFR 280 Subpart F, which has occurred after the effective date of this rule, a generator must perform the following clean-up step:

(1) Communicate a spill report in accordance with 327 IAC 2-6.1.

Respondent submitted to IDEM documentation of a spill report.

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. In the future, Respondent shall ensure compliance with 40 CFR 262.11. Specifically, Respondent shall ensure that a hazardous waste determination is made on all waste generated at the facility.

3. In the future, Respondent shall ensure compliance with 40 CFR 262.12(c). Specifically, Respondent shall ensure that all hazardous wastes are offered only to transporters, or treatment, storage, or disposal facilities that have received an EPA identification number.

4. In the future, 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.

5. In the future, Respondent shall ensure compliance with 40 CFR 268.7(a). Specifically, Respondent shall determine if its hazardous waste is restricted from land disposal or needs to be treated before being land disposed.

6. In the future, Respondent shall comply with 40 CFR 262.34(c)(1)(ii). Specifically, Respondent shall ensure that all satellite accumulation containers are labeled properly.

7. In the future, Respondent shall comply with 329 IAC 13-4-3(d). Specifically, Respondent shall ensure that all used oil containers are labeled with the words “Used Oil.”

8. In the future, Respondent shall comply with IC 13-30-2-1(4). Specifically, Respondent shall ensure that used oil is not allowed to spill onto the ground.

9. In the future, Respondent shall comply with 329 IAC 13-4-3(e). Specifically, Respondent shall ensure that the spill reports are communicated to IDEM.

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

Idelia Walker-Glover, Enforcement Case Manager

Office of Enforcement – Mail Code 60-02

Indiana Department of Environmental Management

100 N. Senate Avenue

P.O. Box 6015

Indianapolis, IN 46204-2251

11. Respondent is assessed a civil penalty of Eleven Thousand Four Hundred Seventy Five Dollars ($11,475). 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.

12. 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:

IDEM

Cashier Mail Code 50-10C

100 N. Senate Avenue

P.O. Box 7060

Indianapolis, IN 46204-2251

13. In the event that the civil penalty required by Order paragraph 11 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.

14. 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.

15. 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.

16. 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.

17. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

TECHNICAL RECOMMENDATION:			RESPONDENT:
Department of Environmental Management			Preferred Environmental Standards, Inc.
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			, 200	.
			For The Commissioner:
			Signed August 3, 2005
			Matthew T. Klein
			Assistant Commissioner
			of Compliance and Enforcement