STATE OF INDIANA

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BEFORE THE INDIANA DEPARTMENT

 

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SS:

OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION

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COMMISSIONER OF THE DEPARTMENT

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OF ENVIRONMENTAL MANAGEMENT,

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Complainant,

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v.

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Case No. 2004-14131-H

 

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PLASTECH DECORATING SYSTEMS, INC.,

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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.  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 Plastech Decorating Systems, Inc. ("Respondent"), which operates the facility with U.S. EPA ID No. IND 161 058 508, located at 11700 N. State Road 37, in Elwood, Madison County, Indiana (the “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 November 10, 2004, IDEM issued a Notice of Violation via Certified Mail to:

 

Julie N. Brown, President
Plastech Decorating Systems, Inc.
22000 Garrison St.
Dearborn, Michigan   48124

C T Corporation System, Registered Agent for
Plastech Decorating Systems, Inc.
36 S. Pennsylvania Street, Suite 700
Indianapolis, Indiana   46204

 

5.                  Respondent notified the U.S. EPA of Large Quantity Generator activities on November 1, 1999.  Respondent uses a thermal injection molding process for the manufacture of plastic automotive parts.

 

6.                  An inspection on May 17, 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 waste determination on thirteen (13) drums labeled as “Old BASF Paint” and two (2) drums labeled as “Old Corrosives” in the hazardous waste room.

Respondent submitted documentation that the drums labeled as “Old BASF Paint” were shipped and used at a different Plastech facility and the drums labeled as “Old Corrosives” have been properly disposed as hazardous waste.

 

b.                  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 mark approximately seven (7) drums of hazardous waste in the hazardous waste room with accumulation start dates.

 

c.                  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 approximately seven (7) drums of hazardous waste in the hazardous waste room with the words "Hazardous Waste."

 

d.                  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 maintain adequate aisle space to allow the unobstructed movement of personnel, fire protection, spill control, and decontamination equipment in the hazardous waste room.

 

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.  Respondent failed to conduct weekly inspections of the hazardous waste room.

 

f.                    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 closed, one (1) 55-gallon drum of hazardous waste solids (F003, F005, D035) located in the 228 Two Tone Area, and one (1) 55-gallon drum of waste toluene and MEK located in the Mix Room.

 

g.                  Pursuant to 329 IAC 3.1-16-2(a)(4) and 40 CFR 273.14(e), each lamp or a container or package in which such lamps are contained must be labeled or marked clearly with one of the following phrases: “Universal Waste Lamp(s), Waste Lamp(s), “Used Lamp(s), or with other words that accurately identify the universal waste lamps.  Respondent did not label approximately sixteen (16) containers of waste lamps with words that accurately identify their contents.

 

h.                  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 approximately thirty-six (36) 55-gallon drums of used oil with the words “Used Oil.”

 

i.                    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 not have an accurate copy of the one-time notification for the hazardous waste transported to Reclaimed Energy and, the hazardous waste transported to the Continental Cement Company was combined on one LDR form and did not accurately represent the individual waste streams.

 

j.                     Pursuant to IC 13-30-2-1(3), no person shall deposit any contaminants upon the land in a place or manner that creates or would create a pollution hazard that violates or would violate 329 IAC 10-4-2.  Respondent deposited a contaminant upon the ground near the air intakes for the paint booths in violation of 329 IAC 10-4-2.

 

k.                  Pursuant to 329 IAC 10-4-2, no person shall cause or allow the storage, containment, processing, or disposal of solid waste 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.  Respondent disposed of waste water upon the ground near the air intakes for the paint booths.

 

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 his 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 comply with 40 CFR 262.11.  Specifically, when generating a solid waste Respondent must determine if that waste is hazardous.

 

3.                  Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(2).  Specifically, Respondent shall clearly mark and make visible for inspection on each container, the date on which accumulation began.

 

4.                  Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(3).  Specifically, Respondent shall insure that containers of hazardous waste are marked with the words "Hazardous Waste."

 

5.                  Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 265.35.  Specifically, Respondent shall insure that adequate aisle space is maintained to allow the unobstructed movement of personnel, fire protection, spill control, and decontamination equipment in the hazardous waste room.

 

6.                  Upon the Effective Date of this Agreed Order, Respondent shall comply with
40 CFR 265.174.  Specifically, Respondent shall conduct at least weekly inspections of the hazardous waste room.

 

7.                  Upon the Effective Date of this Agreed Order, Respondent shall comply with
40 CFR 265.173.  Specifically, Respondent shall insure that containers holding hazardous waste are closed during storage, unless necessary to add or remove waste.

 

8.                  Upon the Effective Date of this Agreed Order, Respondent shall comply with
329 IAC 3.1-16-2(a)(4) or 40 CFR 273.14(e).  Specifically, Respondent shall insure that each lamp or a container or package in which such lamps are contained is labeled or marked clearly with one of the following phrases: “Universal Waste -Lamp(s),” “Waste Lamp(s),” “Used Lamp(s),” or with other words that accurately identify the universal waste lamps.

 

9.                  Upon the Effective Date of this Agreed Order, Respondent shall comply with
329 IAC 13-4-3(d).  Specifically, Respondent shall insure that all containers and aboveground tanks are labeled with the words “Used Oil.”

 

10.              Upon the Effective Date of this Agreed Order, Respondent shall comply with
40 CFR 268.7(a).  Specifically, Respondent must have accurate copies of the one-time notifications for the hazardous wastes transported to Reclaimed Energy and the Continental Cement Company.  Respondent shall submit copies to IDEM for review within thirty (30) days.

 

11.              Upon the Effective Date of this Agreed Order, Respondent shall comply with IC 13-30-2-1(3).  Specifically, Respondent shall cease depositing contaminants on the ground near the air intakes for the paint booths in violation of 329 IAC 10-4-2.

 

12.              Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall submit documentation to IDEM that it has removed and properly disposed of all contaminated soil near the air intakes for the paint booths to a depth of six (6) inches beyond visible signs of contamination.

 

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

Richard R. Milton, Enforcement Case Manager
Indiana Department of Environmental Management
Office of Enforcement    Mail Code 60-02
100 N. Senate Avenue
Indianapolis, IN 46204-2251

 

14.              Respondent is assessed a civil penalty of Five Thousand Eight Hundred Dollars ($5,800).  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.

 

15.              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 10

$500 per week

Failure to comply with Order paragraph 12

$500 per week

 

16.              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.

 

17.              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
100 N. Senate Avenue
Indianapolis, IN 46204-2251

 

18.              In the event that the civil penalty required by Order paragraph 14 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.

 

19.              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.

 

20.              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.

 

21.              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.

 

22.              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 May 13, 2005

 

Matthew T. Klein

 

Assistant Commissioner

 

  for Compliance & Enforcement