STATE OF
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BEFORE THE INDIANA DEPARTMENT
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OF ENVIRONMENTAL MANAGEMENT |
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COMMISSIONER OF THE DEPARTMENT |
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OF ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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CASE NO. 2004-14145-H |
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TRANTER GRAPHICS 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.
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 Tranter Graphics Inc.
("Respondent"), which owns and operates the company with U.S. EPA ID
No. INR 000012278, located at
3. The
4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:
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C. James Tranter, Jr., President |
C. James Tranter, Jr., Registered Agent for |
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Tranter Graphics Inc. |
Tranter Graphics Inc. |
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5. Respondent notified the U.S. EPA of
hazardous waste 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 hazardous.
As noted during the inspection, Respondent did not make proper hazardous waste determinations on two (2) waste streams, which were solid wastes generated by Respondent. Rags/napkins contaminated with lacquer thinner containing fifteen percent toluene (Pronto solvent), should have been assigned the F005 hazardous waste code. Instead the rags/napkins were determined to be non-hazardous and were disposed of as solid waste at the Packerton Landfill. Additionally, Respondent did not make a proper waste determination on its Waste Solvent and Ink waste stream, generated from cleaning activities. The waste stream should have had an additional waste code of F005 assigned to it.
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.
As noted during the inspection, Respondent offered hazardous waste to a transporter and a disposal facility that did not have EPA identification numbers. Rags/napkins contaminated with Pronto solvent (F005) were offered to Stuckman Sanitation, a solid waste transporter, and to Packerton Landfill, a solid waste landfill, neither of which have an EPA identification number.
C. Pursuant to IC 13-30-2-1(11), a person may not deliver any hazardous waste to a hazardous waste facility that does not hold a permit from the department.
As noted during the inspection, Respondent offered hazardous waste to a facility that does not hold a hazardous waste permit from the department.
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.
As noted during the inspection, Respondent caused or allowed the transportation of a hazardous waste without a hazardous waste manifest as required by law.
E. Pursuant to 40 CFR 262.20(a), a generator who sends hazardous waste off-site must prepare a manifest to be used to accompany the hazardous waste.
As noted during the inspection, Respondent did not prepare a hazardous waste manifest to accompany rags/napkins contaminated with Pronto solvent (F005) off-site.
F. 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.
As noted during the inspection, Respondent failed to provide the notice and certification for the rags/napkins contaminated with Pronto solvent (F005) which were offered to Packerton Landfill.
G. 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.
As noted during the inspection, Respondent did not properly label twenty-two (22) satellite accumulation containers.
H. 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.
As noted during the inspection, Respondent did not store sixteen (16) satellite accumulation containers closed.
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 ten (10) days of the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.11. Specifically, Respondent shall make proper waste determinations on the rags/napkins contaminated with Pronto solvent waste stream and the Waste Solvent and Ink waste stream. Respondent shall submit the results to IDEM.
3. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.12(c). Specifically, Respondent shall not offer rags/napkins contaminated with Pronto solvent to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number.
4. Upon the Effective Date of this Agreed Order, Respondent shall comply with IC 13-30-2-1(11). Specifically, Respondent shall ensure that it does not deliver rags/napkins contaminated with Pronto solvent to a facility that does not hold a hazardous waste permit from the department.
5. Upon the Effective Date of this Agreed Order, Respondent shall comply with IC 13-30-2-1(12). Specifically, Respondent shall not cause or allow the transportation of rags/napkins contaminated with Pronto solvent without a manifest.
6. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.20(a). Specifically Respondent shall, whenever rags/napkins contaminated with Pronto solvent are shipped off-site, prepare a manifest to accompany the hazardous waste.
7. Upon the Effective Date of this Agreed Order, Respondent shall comply with to 40
CFR 268.7(a)(2). Specifically, Respondent shall, whenever the rags/napkins contaminated with Pronto solvent are first shipped to a permitted hazardous waste treatment, storage, or disposal facility, submit a one-time notice and certification.
8. Within five (5) days of the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(c)(1)(ii). Specifically, Respondent shall label satellite containers holding hazardous waste with the words "Hazardous Waste" or with other words describing the contents.
9. Within five (5) days of the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(c)(1)(i) referencing 40 CFR 265.173(a). Specifically, Respondent shall keep satellite containers holding hazardous waste closed during storage, unless necessary to add or remove waste.
10. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Brenda Lepter
Office of Enforcement
Indiana Department of Environmental Management
11. Respondent is assessed a civil penalty of Nineteen Thousand Four Hundred Dollars ($19,400). Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall pay a portion of this penalty in the amount of One Thousand Nine Hundred and Forty Dollars ($1,940). Said penalty amount shall be due and payable to the Environmental Management Special Fund. In lieu of payment of the remaining civil penalty, Respondent shall perform and complete a Supplemental Environmental Project (“SEP”). Respondent estimates that this SEP will cost a minimum of Thirty Four Thousand Nine Hundred and Twenty Dollars ($34,920). Within twenty (20) days of completing this SEP, Respondent shall submit written notice and documentation to IDEM which substantiates all actions taken and costs incurred with respect to the SEP. In the event that the cost of the SEP is less than Thirty Four Thousand Nine Hundred and Twenty Dollars ($34,920), Respondent shall pay 50% of the difference between the proposed cost of the SEP ($34,920) and the actual cost of the SEP.
As a Supplemental Environmental Project, Respondent shall replace its current printing plate process with a Cyrel FAST System which relies on dry thermal heat to develop the plates in lieu of hazardous solvents and acids. This will allow Respondent to eliminate, or dramatically reduce, the amount of hazardous chemicals (and resulting hazardous wastes) needed to produce metal printing plates for Respondent’s operation which prints custom designed coasters, cups, napkins, etc. Respondent shall install and implement the Cyrel FAST System within one hundred twenty (120) days of the Effective Date of this Agreed Order. Implementation of this SEP will allow Respondent to go from a small quantity generator of hazardous waste to a conditionally exempt small quantity generator.
In the event that the Respondent does not complete the SEP by within one hundred twenty (120) days of the Effective Date of this Agreed Order, the full amount of the civil penalty as stated in paragraph 11 above, plus interest established by IC 24-4.6-1-101 on the remaining amount, less the portion of the civil penalty Respondent has already paid, will be due within fifteen (15) days from Respondent's receipt of IDEM’s notice to pay. Interest, at the rate established by IC 24-4.6-1-101, shall be calculated on the amount due from the date which is thirty (30) days after the Effective Date of this Agreed Order until the full civil penalty is paid.
12. 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 |
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Failure to comply with Order paragraph 2 |
$500 per week |
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Failure to comply with Order paragraph 8 |
$250 per week |
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Failure to comply with Order paragraph 9 |
$250 per week |
13. 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.
14. 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
15. 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.
16. 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.
17. 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.
18. 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.
19. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.
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TECHNICAL RECOMMENDATION: |
RESPONDENT: |
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Department of Environmental Management |
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Nancy L. Johnston, Chief |
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Office of Enforcement |
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COUNSEL FOR COMPLAINANT: |
COUNSEL FOR RESPONDENT: |
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Department of Environmental Management |
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Office of Legal Counsel |
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APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF _______________, 2004.
For the Commissioner:
Signed on
Linda Runkle
Assistant Commissioner